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117-s-2814
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II 117th CONGRESS 1st Session S. 2814 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Kennedy introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To provide for affordable access to insulin and epinephrine.
1. Short title This Act may be cited as the Vital Medication Affordability Act . 2. Access to affordable life-saving drugs Section 330(k)(3) of the Public Health Service Act ( 42 U.S.C. 254b(k)(3) ) is amended— (1) in subparagraph (M), by striking ; and and inserting a semicolon; (2) by redesignating subparagraph (N) as subparagraph (O); and (3) by inserting after subparagraph (M) the following: (N) in the case of a center that participates in the drug discount program under section 340B, the center has established, written practices to make insulin and injectable epinephrine available at or below the discounted price paid by the center or subgrantee of the center under the drug discount program under section 340B (plus a minimal administration fee) to patients whose household income in equal to or less than 350 percent of the Federal poverty line and who— (i) have a cost-sharing requirement under a health insurance plan for insulin or injectable epinephrine under which the patient out-of-pocket share is more than 20 percent of the total amount charged by the center for such insulin or epinephrine; (ii) have a high unmet deductible under a health insurance plan; or (iii) have no health insurance; and .
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117-s-2815
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II 117th CONGRESS 1st Session S. 2815 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Kennedy 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 continued implementation on a permanent basis of the Part D Senior Savings model.
1. Short title This Act may be cited as the Seniors Saving on Insulin Act . 2. Continuation of Part D Senior Savings Model Section 1115A of the Social Security Act ( 42 U.S.C. 1315a ) is amended by adding at the end the following new subsection: (h) Part D Senior Savings Model Notwithstanding any other provision of law, the Secretary shall provide for the continued implementation on a permanent basis of the Part D Senior Savings Model under this section, under the same parameters under which such model was implemented for plan year 2021. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2815is/xml/BILLS-117s2815is.xml
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117-s-2816
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II 117th CONGRESS 1st Session S. 2816 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Peters (for himself and Ms. Lummis ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To establish a youth savings match grant program for students in grades 9 through 12.
1. Short title This Act may be cited as the PIGGY BANK Act or the Program to Inspire Growth and Guarantee Youth Budgeting Advice and Necessary Knowledge Act . 2. Pilot youth savings match grant program (a) Definitions In this Act: (1) ESEA terms The terms local educational agency and parent have the meaning given those terms in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 ). (2) Secretary The term Secretary means the Secretary of Education. (b) Program authorized (1) In General The Secretary, in collaboration with the Financial Literacy and Education Commission of the Department of Treasury and the Division of Consumer and Community Affairs of the Board of Governors of the Federal Reserve System, shall establish a pilot program to award grants to States, on a competitive basis, to enable those States to select participating eligible local educational agencies in the State to carry out a youth savings match program, as described in subsection (d). (2) Duration Grants awarded under this section shall be for a period of 6 years. (c) Application Each State desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and accompanied by such information as the Secretary may require, which shall include, at a minimum— (1) a comprehensive plan of administration of the youth savings match program, including how parents will be encouraged to participate; (2) the identification of a single account trustee, which shall be a State agency, such as a State Department of Treasury, Office of the Governor, Lieutenant Governor, State financial regulator, Comptroller, a tax-exempt nonprofit organization or foundation, or a for-profit organization or business with demonstrated expertise and experience in successfully managing financial services; (3) an assurance that the State and participating eligible local educational agencies in the State will participate in an evaluation of the program; (4) an identification of the individuals who will conduct the training for teachers who administer the financial literacy classroom component of the program; and (5) a description of the goals and objectives of the financial literacy classroom component of the program and an overview of that program, including an overview of the topics that will be part of that program. (d) Youth savings match grant program (1) Eligible LEAs A local educational agency shall be eligible to participate in the youth savings match program if that local educational agency receives funding under part A of title I of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 6311 et seq. ). (2) Youth savings match program Each participating eligible local educational agency shall use grant funds to carry out a youth savings match program, through which the eligible local educational agency shall ensure that— (A) every year each student in grades 9 through 12 that is served by that eligible local educational agency is notified that— (i) a youth savings match program account has been established for that student, and the account will be funded in accordance with subparagraph (B); (ii) in order to retain the initial deposit and matching contributions from grant funding that are deposited in the student's youth savings match program account, the student and parents may not withdraw from the student's youth savings match program account until the date that is 1 year after the date of the student's high school graduation, or expected high school graduation, unless the withdrawal is approved in accordance with subparagraph (G); and (iii) upon withdrawal, funds in the youth savings match program account may be taxed; (B) each student in grades 9 through 12 who is served by the eligible local educational agency— (i) receives $300 in an initial deposit in the participating student's youth savings match program account; and (ii) receives, on a monthly basis and for a total of not more than 4 years, an amount of funds equal to the amount of funds that the participating student or such student's family contributes in that month to the student's youth savings match program account, except that such monthly match amount shall not exceed $25 and the total amount of Federal matching funds shall not exceed $300 each year; (C) funds contributed to a youth savings match program account are deposited in an account at a depository institution (as defined in section 19(b)(1)(A) of the Federal Reserve Act ( 12 U.S.C. 461(b)(1)(A) )) or invested in United States Treasury bills, notes, or bonds; (D) participating students and their families are able to make deposits into the youth savings match program account in person, online, or on mobile devices, and are encouraged to make automatic deposits into that account; (E) the parents of participating students are encouraged to participate in the program and contribute to the student's youth savings match program account; (F) any early withdrawal from a youth savings match program account will require approval of the savings account trustee identified in the State's application under subsection (c) and such a withdrawal will only be approved if the funds are withdrawn for the purpose of paying for postsecondary education, a career and technical education program of study, homeownership, business ownership, medical hardship, or for another purpose that the eligible local educational agency determines to be an authorized purpose; (G) if funds are withdrawn from a youth savings match program account that are not approved under subparagraph (F)— (i) the student will lose any Federal grant money that has been contributed to the account (including the initial deposit, matching contributions, and bonus contributions, as described in subparagraph (B)), and no further matching funds will be contributed to the account; and (ii) the student and parent may still retain, and may withdraw funds that the student or parent has contributed to the student's youth savings match program account; and (H) participating students receive financial literacy education, in a manner determined by the State receiving the grant, which shall include information about how funds in the youth savings match program account may be taxed and explaining how taxation works for interest-bearing or investment accounts. (e) Evaluation The Secretary shall carry out an evaluation of the grant program under this section to determine which aspects of the program have been effective and which aspects of the program have not been effective. (f) Report Not later than 4 years after the implementation of the grant program under this section, the Secretary shall prepare and submit a report to Congress containing the results of the evaluation under subsection (e). (g) Authorization of appropriations There are authorized to be appropriated to carry out this Act such sums as may be necessary for fiscal year 2022 and each of the 3 succeeding fiscal years.
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117-s-2817
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II 117th CONGRESS 1st Session S. 2817 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Tillis introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to furnish readjustment counseling and related mental health services to family members of members of the Armed Forces or veterans who died by suicide, and other purposes.
1. Short title This Act may be cited as the Expanding the Families of Veterans Access to Mental Health Services Act . 2. Eligibility for mental health services for family members of members of the Armed Forces and veterans who died by suicide Section 1712A(a)(1) of title 38, United States Code, is amended— (1) in subparagraph (A)(ii)— (A) in subclause (I), by striking and ; (B) in subclause (II), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following new subclause: (III) in the case of a veteran or member who died by suicide, to the degree that counseling furnished to such individual is found to aid in coping with the effects of such suicide. ; (2) in subparagraph (B)(i)(II)— (A) in item (aa), by striking or ; (B) in item (bb), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following new item: (cc) coping with the effects of a suicide described in subclause (III) of such clause. ; and (3) in subparagraph (C)(vii)— (A) in subclause (I), by striking or at the end; (B) in subclause (II), by striking the period at the end and inserting ; or ; and (C) by adding at the end the following new subclause: (III) veteran or member of the Armed Forces who died by suicide. . 3. Effective date The amendments made by section 2 shall apply with respect to family members of a member of the Armed Forces or veteran who died by suicide before, on, or after the date of the enactment of this Act.
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117-s-2818
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II 117th CONGRESS 1st Session S. 2818 IN THE SENATE OF THE UNITED STATES September 23, 2021 Ms. Murkowski introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To permit under certain conditions the transportation of passengers between the State of Alaska and other United States ports on vessels not qualified to engage in the coastwise trade that transport more than 1,000 passengers, and for other purposes.
1. Short title This Act may be cited as the Cruising for Alaska's Workforce Act . 2. Transportation of passengers between Alaska and other ports in the United States (a) In general Chapter 551 of title 46, United States Code, is amended by adding at the end the following: 55124. Transportation of passengers between Alaska and other ports in the United States (a) Definitions In this section: (1) Certificate The term certificate means a certificate of financial responsibility for indemnification of passengers for nonperformance of transportation issued by the Federal Maritime Commission under section 44102 of this title. (2) Passenger vessel The term passenger vessel means a vessel transporting more than 1,000 passengers that is of similar size, or offering similar service, as any other vessel transporting passengers under subsection (b). (b) Exemption Except as otherwise provided in this section, a vessel transporting more than 1,000 passengers that is not qualified to engage in the coastwise trade may transport passengers between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port. (c) Expiration of exemption (1) When coastwise-qualified vessel offering service On a showing to the Secretary of the department in which the Coast Guard is operating, by the vessel owner or charterer, that a United States passenger vessel qualified to engage in the coastwise trade is offering or advertising passenger service between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port, pursuant to a certificate, the Secretary shall notify the owner or operator of each vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority to transport passengers under subsection (b) and the applicability of subsection (f) shall expire at the end of that 270-day period. (2) When non-coastwise qualified vessel offering service On a showing to the Secretary, by the vessel owner or charterer, that a United States passenger vessel not qualified to engage in the coastwise trade is offering or advertising passenger service between a port in the State of Alaska and another port in the United States, directly or by way of a foreign port, pursuant to a certificate, the Secretary shall notify the owner or operator of each foreign vessel transporting passengers under subsection (b) to terminate that transportation within 270 days after the Secretary's notification. Except as provided in subsection (d), the authority of a foreign vessel to transport passengers under subsection (b) and the applicability of subsection (f) shall expire at the end of that 270-day period. (d) Delaying expiration If the vessel offering or advertising the service described in subsection (c) has not begun that service within 270 days after the Secretary's notification, the expiration provided by subsection (c) is delayed until 90 days after the vessel offering or advertising the service begins that service. (e) Reinstatement of exemption If the Secretary finds that the service on which an expiration was based is no longer available, the expired authority to transport passengers and the applicability of subsection (f) shall be reinstated. (f) Employment of alien crewmen Alien crewmen on a vessel transporting more than 1,000 passengers under the authority of subsection (b) shall be deemed to have complied with, during the voyage of such vessel, the 29-day authorized stay pursuant to their nonimmigrant visas issued pursuant to subparagraph (C) or (D) of section 101(a)(15) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a)(15) ). . (b) Conforming amendment The analysis for chapter 551 of title 46, United States Code, is amended by adding at the end the following: 55124. Transportation of passengers between Alaska and other ports in the United States. .
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117-s-2819
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II 117th CONGRESS 1st Session S. 2819 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Merkley (for himself and Mr. Kaine ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide a process for ensuring the United States does not default on its obligations.
1. Short title This Act may be cited as the Protect Our Citizens from Reckless Extortion of our Debt and Irresponsible Tactics Act of 2021 or the Protect Our CREDIT Act of 2021 . 2. Additional Presidential modification of the debt ceiling (a) In general Subchapter I of chapter 31 of subtitle III of title 31, United States Code, is amended— (1) in section 3101(b), by inserting or 3101B after section 3101A ; and (2) by inserting after section 3101A the following: 3101B. Additional Presidential modification of the debt ceiling (a) Definition In this section, the term joint resolution means only a joint resolution— (1) that is introduced during the period— (A) beginning on the date a certification described in paragraph (1) or (2) of subsection (b) is received by Congress; and (B) ending on the date that is 3 legislative days (excluding any day on which it is not in order to introduce resolutions) after the date described in subparagraph (A); (2) which does not have a preamble; (3) the title of which is only as follows: Joint resolution relating to the disapproval of the President’s exercise of authority to increase the debt limit, as submitted under section 3101B of title 31, United States Code, on ______ (with the blank containing the date of such submission); and (4) the matter after the resolving clause of which is only as follows: That Congress disapproves of the President’s exercise of authority to increase the debt limit, as exercised pursuant to the certification submitted under section 3101B(b) of title 31, United States Code, on ______. (with the blank containing the date of such submission). (b) Submissions to Congress (1) Annual submission Before the beginning of each fiscal year, the President shall submit to Congress a written certification specifying the amount of obligations that are subject to limit under section 3101(b), in addition to the amount of such obligations authorized to be outstanding on the date of the certification, that the President determines it shall be necessary to issue during the next fiscal year to meet existing commitments. (2) Submission during fiscal year If the President determines during a fiscal year that the debt subject to limit under section 3101(b) is within $250,000,000,000 of such limit and that further borrowing is necessary to meet existing commitments, the President shall submit to Congress a written certification— (A) specifying the amount of obligations that are subject to limit under section 3101(b), in addition to the amount of such obligations authorized to be outstanding on the date of the certification, that the President determines it shall be necessary to issue during the fiscal year to meet existing commitments; and (B) containing the reason for any discrepancy from the certification submitted under paragraph (1) for the fiscal year. (3) Effect of failure to enact disapproval If a joint resolution is not enacted with respect to a certification under paragraph (1) or (2) during the 15-legislative-day period beginning on the date on which Congress receives the certification, the limit under section 3101(b) is increased by the amount specified in the certification. (4) Effect of enactment of disapproval If a joint resolution is enacted with respect to a certification under paragraph (1) or (2) during the 15-legislative-day period beginning on the date on which Congress receives the certification, the limit under section 3101(b)— (A) shall not be increased by the amount specified in the certification; and (B) shall be increased in accordance with subsection (c)(2). (c) Suspension for mid-Year certification (1) In general Section 3101(b) shall not apply for the period— (A) beginning on the date on which the President submits to Congress a certification under subsection (b)(2); and (B) ending on the earlier of— (i) the date that is 15 legislative days after Congress receives the certification; or (ii) the date of enactment of a joint resolution with respect to the certification. (2) Special rule relating to obligations issued during suspension period (A) In general If a joint resolution is enacted with respect to a certification under subsection (b)(2), effective on the day after such date of enactment, the limitation in section 3101(b) is increased to the extent that— (i) the face amount of obligations issued under this chapter 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) outstanding on the calendar day after such date of enactment, exceeds (ii) the face amount of such obligations outstanding on the date on which the President submits the certification. (B) Limitation An obligation shall not be taken into account under subparagraph (A) unless the issuance of such obligation was necessary to fund a commitment incurred by the Federal Government that required payment during the 15-legislative-day period described in paragraph (1)(B)(i). (d) Expedited consideration in House of Representatives (1) Reporting and discharge Any committee of the House of Representatives to which a joint resolution is referred shall report it to the House of Representatives without amendment not later than 5 calendar days after the date of introduction of the joint resolution. If a committee fails to report the joint resolution within that period, the committee shall be discharged from further consideration of the joint resolution and the joint resolution shall be referred to the appropriate calendar. (2) Proceeding to consideration After each committee authorized to consider a joint resolution reports it to the House of Representatives or has been discharged from its consideration, it shall be in order, not later than the sixth day after introduction of the joint resolution, to move to proceed to consider the joint resolution in the House of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives has disposed of a motion to proceed on a joint resolution addressing a particular submission. The previous question shall be considered as ordered on the motion to its adoption without intervening motion. The motion shall not be debatable. A motion to reconsider the vote by which the motion is disposed of shall not be in order. (3) Consideration The joint resolution shall be considered as read. All points of order against the joint resolution and against its consideration are waived. The previous question shall be considered as ordered on the joint resolution to its passage without intervening motion except 2 hours of debate equally divided and controlled by the proponent and an opponent. An amendment to the joint resolution or a motion to reconsider the vote on passage of the joint resolution shall not be in order. (e) Expedited procedure in Senate (1) Placement on calendar Upon introduction in the Senate, a joint resolution shall be immediately placed on the calendar. (2) Floor consideration (A) In general Notwithstanding rule XXII of the Standing Rules of the Senate, it is in order at any time during the period beginning on the day after the date on which Congress receives a certification under paragraph (1) or (2) of subsection (b) and ending on the sixth day after the date of introduction of a joint resolution (even though a previous motion to the same effect has been disagreed to) to move to proceed to the consideration of the joint resolution, and all points of order against the joint resolution (and against consideration of the joint resolution) are waived. The motion to proceed is not debatable. The motion is not subject to a motion to postpone. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the joint resolution shall remain the unfinished business until disposed of. (B) Consideration Consideration of the joint resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than 10 hours, which shall be divided equally between the majority and minority leaders or their designees. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the joint resolution is not in order. (C) Vote on passage If the Senate has voted to proceed to a joint resolution, the vote on passage of the joint resolution shall occur immediately following the conclusion of consideration of the joint resolution, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the Senate. (D) Rulings of the chair on procedure Appeals from the decisions of the Chair relating to the application of the rules of the Senate, as the case may be, to the procedure relating to a joint resolution shall be decided without debate. (f) Coordination with action by other house (1) In general If, before passing the joint resolution, one House receives from the other a joint resolution— (A) the joint resolution of the other House shall not be referred to a committee; and (B) the procedure in the receiving House shall be the same as if no joint resolution had been received from the other House, except that the vote on final passage shall be on the joint resolution of the other House. (2) Treatment of joint resolution of other house If the Senate fails to introduce or consider a joint resolution under this section, the joint resolution of the House shall be entitled to expedited floor procedures under this section. (3) Treatment of companion measures If, following passage of the joint resolution in the Senate, the Senate receives the companion measure from the House of Representatives, the companion measure shall not be debatable. (4) Consideration after passage (A) In general If Congress passes a joint resolution, the period beginning on the date the President is presented with the joint resolution and ending on the date the President signs, allows to become law without his signature, or vetoes and returns the joint resolution (but excluding days when either House is not in session) shall be disregarded in computing the legislative day period described in paragraphs (3) and (4) of subsection (b) and subsection (c)(1). (B) Debate Debate on a veto message in the Senate under this section shall be 1 hour equally divided between the majority and minority leaders or their designees. (5) Veto override If within the legislative day period described in paragraphs (3) and (4) of subsection (b) and subsection (c)(1), Congress overrides a veto of a joint resolution, except as provided in subsection (c)(2), the limit on debt provided in section 3101(b) shall not be raised under this section. (g) Rules of House of Representatives and Senate Subsections (a), (d), (e), and (f) (except for paragraphs (4)(A) and (5) of such subsection) are enacted by Congress— (1) as an exercise of the rulemaking power of the Senate and House of Representatives, respectively, and as such it is deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of a joint resolution, and it supersedes other rules only to the extent that it is inconsistent with such rules; and (2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner, and to the same extent as in the case of any other rule of that House. . (b) Conforming amendment The table of sections for chapter 31 of title 31, United States Code, is amended by inserting after the item relating to section 3101A the following: 3101B. Additional Presidential modification of the debt ceiling. .
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117-s-2820
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II 117th CONGRESS 1st Session S. 2820 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To provide rental vouchers for the homeless, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Decent, Affordable, Safe Housing for all Act or the DASH 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. TITLE I—Housing assistance Subtitle A—General housing assistance Sec. 111. Rental vouchers for the homeless. Sec. 112. Land acquisition and construction. Sec. 113. Modular construction pilot program. Sec. 114. Supporting pro-housing development. Sec. 115. Permanent authorization of appropriations for McKinney-Vento Homeless Assistance Act grants. Subtitle B—Rural housing assistance Sec. 121. Rural housing reinvestment. Sec. 122. Permanent establishment of housing preservation and revitalization program. Sec. 123. Eligibility for rural housing vouchers. Sec. 124. Amount of voucher assistance. Sec. 125. Use of available rental assistance. Sec. 126. Funding for multifamily technical improvements. Sec. 127. Plan for preserving affordability of rental projects. Sec. 128. Covered housing programs. TITLE II—Revenue provisions Sec. 201. Extension of period for rehabilitation expenditures. Sec. 202. Extension of basis expenditure deadline. Sec. 203. Tax-exempt bond financing requirement. Sec. 204. Increases in State allocations. Sec. 205. Buildings designated to serve extremely low-income households. Sec. 206. Inclusion of Indian areas as difficult development areas for purposes of certain buildings. Sec. 207. Inclusion of rural areas as difficult development areas. Sec. 208. Increase in credit for bond-financed projects designated by housing credit agency. Sec. 209. Repeal of qualified contract option. Sec. 210. Modification and clarification of rights relating to building purchase. Sec. 211. Prohibition of local approval and contribution requirements. Sec. 212. Adjustment of credit to provide relief during COVID–19 outbreak. Sec. 213. Increase in credit for low-income housing supportive services. Sec. 214. Study of tax incentives for the conversion of commercial property to affordable housing. Sec. 215. Renters credit. Sec. 216. Middle-income housing tax credit. Sec. 217. Neighborhood homes credit. Sec. 218. First-time homebuyer refundable credit. 2. Findings Congress finds the following: (1) The United States has a deficit of 7,000,000 units of housing due to slowed development after the Great Recession. Public-private partnerships can spark a boost in construction to address this lack of available and affordable homes. (2) During the last 20 years, rent has increased faster than income for renters in all 50 States and the District of Columbia. (3) There is no county in the United States in which an individual working at minimum wage can afford a modest 1- or 2-bedroom home. A renter would need to make more than $20 an hour to afford the average 1-bedroom rent. In no State does the minimum wage exceed $16 an hour. (4) Artificial limits on construction and development of diverse types of housing limit supply, increase housing prices, and often induce sprawl. (5) The most affordable and environmentally friendly types of housing developments are illegal in many jurisdictions in the United States. Dense, multifamily housing creates far fewer carbon emissions than standalone single-family housing. (6) In 10 States, Housing Choice Voucher recipients wait longer than 3 years for assistance. Nationwide, only 1 in 4 households eligible for housing assistance receives it. (7) More than 1,500,000 children in the United States experienced homelessness in 2018, including students staying in other people’s homes due to lack of alternatives. More than 11,000 children were living outside in 2020. Children living in or exiting the child welfare system are especially vulnerable to homelessness. (8) The strongest indicator that a person will experience homelessness as an adult is if the person experienced homelessness as a child. Experiencing homelessness harms children educationally, socially, emotionally, and physically. (9) Unsheltered homelessness has increased in recent years, and Black, Indigenous, and Hispanic Americans are severely overrepresented in the population of people experiencing homelessness. (10) Extremely low-income renters are much more likely to be non-White, as 1 in 5 Black renters, 18 percent of Indigenous renters, and 16 percent of Hispanic renters are extremely low-income, while only 6 percent of White renters are extremely low-income. (11) In 2020, the difference in homeownership rates between Black and White Americans was larger than in 1960, before the enactment of the Fair Housing Act (title VIII of Public Law 90–284 ; 82 Stat. 81), reflecting the pervasive impact of systemic racism in the housing market and overall economy including redlining, appraisal bias, wage gaps, and decades-long oppression. (12) Stable, safe, and affordable housing is a significant social indicator of health, and investments in affordable housing result in tangible benefits in neighborhood, household, and individual health and economic stability. I Housing assistance A General housing assistance 111. Rental vouchers for the homeless Section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ) is amended by adding at the end the following: (21) Rental vouchers for the homeless (A) Definitions In this paragraph: (i) At risk of homelessness The term at risk of homelessness has the meaning given the term in section 401(1) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ), except that 50 percent shall be substituted for 30 percent in subparagraph (A) of that section. (ii) Capacity-building period The term capacity-building period means the 2-year period beginning on the date on which the formula is established under subparagraph (E)(ii). (iii) Continuum of care The term continuum of care has the meaning given the term in section 578.3 of title 24, Code of Federal Regulations, or any successor regulation. (iv) Eligible public housing agency The term eligible public housing agency means a public housing agency that— (I) administers assistance under this subsection through a contract for annual contributions entered into with the Secretary; (II) has a partnership with a public child welfare agency and a continuum of care that— (aa) has a system for identifying and referring eligible recipients for assistance under this paragraph from the public housing agency, including by providing a written certification that the eligible recipient is eligible to receive the assistance; and (bb) will, to the greatest extent practicable, provide or facilitate the provision of supportive services to those eligible recipients; and (III) submits to the Secretary a statement describing— (aa) how the public housing agency will connect eligible recipients with local community resources, to the extent available; and (bb) the plan for use of capacity-building funding under subparagraph (E), including— (AA) a timeline for the use of that funding within the capacity-building period; (BB) hiring and personnel needs; (CC) physical infrastructure needs; and (DD) technological infrastructure needs, including upgrades to the HMIS, and any other capacity-related investments that are necessary to administer assistance under this paragraph. (v) Eligible recipient The term eligible recipient means any individual or family experiencing homelessness or at risk of homelessness with an income that is less than 50 percent of the area median income. (vi) Experiencing homelessness; homeless The terms experiencing homelessness and homeless means an individual or family who is— (I) living in a place not meant for human habitation or in an emergency shelter; (II) living in transitional housing for homeless persons and was homeless before entering transitional housing or an emergency shelter; (III) fleeing domestic violence; or (IV) at risk of homelessness. (vii) HMIS The term HMIS means the community-wide homeless management information system described in section 402(f)(3)(D) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360a(f)(3)(D) ). (viii) Public housing agency The term public housing agency includes a tribally designated housing entity. (ix) Referral The term referral means an affirmative connection between the voucher recipient and the organization providing services to the voucher recipient. (x) Service coordinator The term service coordinator means an individual employed directly by a public housing agency who provides general case management and referral services to each voucher recipient served by the public housing agency, which shall include— (I) an individual intake screening of each voucher recipient to evaluate the voucher recipient’s need for supportive services; and (II) referral to outside services, including cooperation and collaboration with a continuum of care. (xi) Source of income The term source of income means income from any lawful source, including— (I) income from any legal employment; and (II) any assistance, benefit, or subsidy through any Federal, State, or local program, whether the program is administered by a governmental or nongovernmental entity. (xii) Tribally designated housing entity The term tribally designated housing entity has the meaning given the term in section 4 of the Native American Housing Assistance and Self-Determination Act of 1996 ( 25 U.S.C. 4103 ). (xiii) Voucher recipient The term voucher recipient means an individual or family receiving a voucher under this paragraph. (xiv) Youth The term youth means an individual under the age of 25. (B) Vouchers (i) Provision of vouchers (I) In general The Secretary shall provide vouchers for rental assistance on behalf of each eligible recipient in accordance with this paragraph. (II) Direct appropriation Subject to subclause (III), there is appropriated, out of any money in the Treasury not otherwise appropriated, for providing rental voucher assistance under this paragraph for fiscal year 2022 and each fiscal year thereafter— (aa) the amount necessary to fund the provision of a voucher for rental assistance under this paragraph on behalf of each eligible recipient; (bb) the amount necessary to provide administrative fees under clause (ii) in connection to each voucher for rental assistance provided under this paragraph; and (cc) the amount necessary to fund annual renewals of the vouchers provided under this paragraph. (III) Number of vouchers The Secretary shall provide— (aa) 250,000 vouchers under this paragraph in fiscal year 2022; and (bb) 400,000 vouchers under this paragraph in each fiscal year thereafter until the Secretary determines that a smaller number of vouchers is sufficient to provide all eligible recipients with vouchers. (ii) Administrative fee for ancillary costs The Secretary shall provide a public housing agency that requests a voucher under this paragraph an administrative fee sufficient to provide assistance to the voucher recipient for security deposits, moving costs, first or last month's rent, or other significant barriers to establishing use of the voucher and a lease, in an amount that is not more than 3 months' rent for the voucher recipient. (iii) Payment standard The payment standard for a voucher provided under this paragraph may not exceed 125 percent of the fair market rental in the jurisdiction in which the voucher is administered. (iv) Supplemental voucher payment (I) In general An eligible public housing agency may supplement the amount of a voucher provided under this paragraph in any case in which— (aa) the amount of the voucher is insufficient to cover the cost of a dwelling unit within the jurisdiction of the eligible public housing agency and that insufficiency may result in a voucher recipient losing housing and becoming homeless or doubled up; or (bb) the eligible public housing agency submits to the Secretary a waiver request for recalculation of the small area fair market rent applicable to the dwelling unit, which the Secretary shall approve or deny within 45 days of submission of the request. (II) Payment upon denial An eligible public housing agency may supplement the amount of a voucher under subclause (I) even if the Secretary denies the request submitted under subclause (I)(aa), provided that the supplementation of the voucher amount is necessary to maintain housing for the voucher recipient. (v) Conditions on assistance Notwithstanding any other provision of law, the Secretary— (I) may not condition receipt of a voucher under this paragraph on— (aa) participation in any service or program; or (bb) the sobriety or lack thereof of an eligible recipient; (II) except as provided in subclause (III), may not prohibit receipt of a voucher under this paragraph by an otherwise eligible recipient due to any criminal conviction or history of interaction with the criminal justice system; and (III) shall prohibit receipt of a voucher under this paragraph by individuals subject to a lifetime registration requirement under any State sex offender registration program. (vi) Verification of statement made by eligible public housing agencies (I) In general Not later than 30 days after the date on which an eligible public housing agency submits the statement required under subparagraph (A)(iv)(III), the Secretary shall verify the statement. (II) Unsatisfactory statement If, upon verification of a statement under subclause (I), the Secretary determines that the statement is unsatisfactory, the Secretary shall inform the eligible public housing agency of that determination and the manner in which the eligible public housing agency may re-submit the statement. (vii) Identification of eligible recipients A public housing agency shall partner with continuums of care, public child welfare agencies, street outreach providers, health care providers, and other similar organizations in the State in which the public housing agency operates to identify eligible recipients. (viii) Requirements for eligible public housing agencies (I) In general Each eligible public housing agency providing assistance under this paragraph shall— (aa) on an annual basis and in conjunction with income reviews for purposes of determining income eligibility for assistance under this paragraph, verify the compliance of the eligible public housing agency with the eligibility requirements under this paragraph; (bb) to the greatest extent possible— (AA) work with continuums of care to ensure continuity of data collection under this paragraph; and (BB) utilize the HMIS to collect and main the information required to be collected under this paragraph. (II) Priority In providing vouchers under this paragraph, an eligible public housing agency— (aa) shall prioritize the first vouchers made available under this section for eligible recipients who are— (AA) unaccompanied homeless youth; (BB) homeless youth with minor children; or (CC) families with minor children experiencing homelessness; (bb) to the extent possible considering when the Secretary disburses funds under this paragraph, shall provide vouchers to the eligible recipients described in item (aa) not later than 1 year after the end of the capacity-building period; and (cc) may not issue vouchers to eligible recipients not described in item (aa) until the eligible public housing agency has issued vouchers to all eligible recipients described in that item. (ix) Use of voucher upon exit An eligible public housing agency that issued a voucher to an eligible recipient that is no longer in use by the eligible recipient may provide the voucher to any other tenant eligible for tenant-based assistance under this subsection. (C) Data collection (i) In general The Secretary shall submit to Congress an annual report on assistance providing under this paragraph, which shall include— (I) an assessment of the progress of States toward housing— (aa) eligible recipients in the State; and (bb) the total population of people experiencing homelessness in the State; and (II) the information provided under clause (ii). (ii) Information from public housing agencies Each eligible public housing agency administering assistance under this paragraph shall submit to the Secretary and to the State in which the public housing agency is located an annual report for each fiscal year that includes— (I) the number of voucher recipients, including aggregated demographic information on the age, sex, gender identity, sexual orientation, race, ethnicity, and disability status of each such recipient in a manner that does not reveal the personally identifiable information of each such recipient; (II) the number of eligible recipients who applied during the fiscal year for assistance under this paragraph, but were not provided assistance; (III) a brief identification in each instance described in subclause (II) of the reason why the eligible public housing agency was unable to provide the assistance; and (IV) a description of how the eligible public housing agency communicated or collaborated with public child welfare agencies and continuums of care to collect the data described in subclauses (I) and (II). (D) Supportive services (i) Administrative fee (I) In general The Secretary shall establish a fee under subsection (q) for the costs incurred by public housing agencies in administering vouchers under this paragraph. (II) Costs In establishing the fee described in subclause (I), the Secretary shall include the costs to public housing agencies of employing full-time or full-time-equivalent service coordinators. (III) Authorization of appropriations There is authorized to be appropriated $300,000,000 for each of fiscal years 2022 through 2027 for the fee described in subclause (I). (ii) Hiring of service coordinators (I) In general An eligible public housing agency shall hire the appropriate number of service coordinators to administer supportive services under this paragraph in partnership with the public child welfare agency or continuum of care in a jurisdiction. (II) Insufficient funds If an eligible public housing agency is unable to hire an appropriate number of service coordinators under subclause (I) using the fee described in clause (i)(I)— (aa) the public housing agency may request an increased administrative fee from the Secretary; and (bb) the Secretary shall approve or deny a request received under item (aa) within 45 days. (III) Report to Congress Beginning in the first full fiscal year after the date of enactment of this paragraph, the Secretary shall submit an annual report to Congress on requests for increased administrative fees received from public housing agencies under subclause (II). (IV) Appropriate number defined For purposes of this clause, the term appropriate number , with respect to service coordinators, means enough service coordinators so that each household provided a voucher by a public housing agency under this paragraph is able to access a service coordinator for not less than 30 minutes each week. (iii) Provision of services Upon intake of an eligible recipient, a public housing agency or a public child welfare agency or continuum of care with which the public housing agency has partnered shall— (I) assign the voucher recipient a case manager or service coordinator; and (II) provide or secure the provision of supportive services to contribute to the housing stability of the voucher recipient, including— (aa) any supportive service, as defined in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ); (bb) referrals to health care providers, including mental health care providers, dental health care providers, and vision health care providers; (cc) referrals to substance use disorder treatment, including recovery, treatment, 12-step programs, relapse prevention, or medication-assisted treatment; (dd) assistance relating to enrollment in the Medicare or Medicaid programs under titles XVIII and XIX of the Social Security Act ( 42 U.S.C. 1395 et seq. , 1396 et seq.), respectively, and referrals to other services, including— (AA) the supplemental nutrition assistance program under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ) (commonly known as the SNAP Program ); and (BB) the program of block grants for States for temporary assistance for needy families established under part A of title IV of the Social Security Act ( 42 U.S.C. 601 et seq. ) (commonly known as the TANF Program ); (ee) advising on eligibility for the family self-sufficiency program established, credit counseling, and housing counseling programs; (ff) referrals to education services, including general educational development (commonly known as GED ) preparation and testing, enrollment in postsecondary education programs, and credit recovery; and (gg) facilitation of transportation assistance to any of the supportive services described in this subparagraph. (iv) Eligibility of private nonprofit organizations and faith-based organizations (I) Definitions In this clause, the terms eligible entity and private nonprofit organization have the meanings given those terms in section 401 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ). (II) Eligibility Notwithstanding any other provision of law— (aa) the Secretary shall provide that private nonprofit organizations that are eligible entities, including faith-based private nonprofit organizations that are eligible entities, shall be eligible to— (AA) provide services described in clause (iii); and (BB) receive amounts made available to carry out clause (iii); and (bb) in determining eligibility for amounts made available to carry out clause (iii), the status of an entity as faith-based or the possibility that an entity may be faith-based may not be a basis for any discrimination against such entity in any manner or for any purpose. (v) Access Services provided under this subparagraph shall be available to voucher recipients with low-to-no barrier access. (vi) Evaluation An eligible public housing agency, public child welfare agency, or continuum of care described in clause (iii) shall evaluate each voucher recipient for individual case management needs under this subparagraph. (E) Capacity building (i) Authorization of appropriations There is authorized to be appropriated to the Secretary $500,000,000 for each of fiscal years 2022 and 2023 to provide funding for capacity building to eligible public housing agencies. (ii) Funding formula Not later than 45 days after the date of enactment of this paragraph, the Secretary shall establish a formula for allocating the funding authorized under clause (i) that takes into account— (I) the ratio of individuals in the State in which the eligible public housing agency operates who are homeless to the overall population of the State; (II) the proportion of families in each State with children experiencing unsheltered homelessness, as reported in the State's most recent point-in-time count, to the total number of unsheltered homeless families in the State as reported in the same point-in-time count; and (III) the rate of unsheltered homelessness in each State compared to each other State, as reported in each State's most recent point-in-time count. (iii) Disbursement Not later than 30 days after an eligible public housing agency submits an acceptable statement under subparagraph (A)(iv)(III), the Secretary shall disburse amounts authorized under clause (i) of this subparagraph in accordance with the formula established under clause (ii) of this subparagraph. (iv) Minimum and maximum allocation The Secretary shall ensure that— (I) each eligible public housing agency does not receive more than 10 percent of the amount authorized under clause (i); and (II) each State in which an eligible public housing agency receives funds under clause (i) does not receive more than 25 percent of the total amount authorized under that clause. (v) Eligible activities A recipient of funds authorized under clause (i) may only use the funds for— (I) hiring and personnel needs, such as case managers and housing placement advisory; (II) physical infrastructure— (aa) including increased office space or facilities for the provision of supportive services; and (bb) not including residential housing; (III) technological infrastructure needs, including upgrades to the HMIS; and (IV) any other capacity-related investments that are necessary for the public housing agency to— (aa) develop, acquire, or rehabilitate housing that is affordable to extremely low-income families, to be made available to people experiencing homelessness; or (bb) support the successful administration of the vouchers under this paragraph. (vi) Requirement for expenditure of funds Each eligible public housing agency that receives funds under clause (i) shall expend not less than 60 percent of the funding during the 2-year period following receipt of the funding. (F) State accountability (i) In general Each eligible public housing agency providing assistance under this paragraph shall— (I) on a monthly basis, report caseload and voucher administration statistics to the State in which the agency operates; and (II) twice annually, submit to the State in which the agency operates a report on the progress toward issuing a voucher under this paragraph to all eligible recipients, based on— (aa) the percentage reduction in the number of families with children and youth that are experiencing homelessness in the area in which the agency care operates, as determined by comparing the most recent point-in-time count with the point-in-time count conducted 1 year prior; and (bb) the percentage reduction in the number of children experiencing homelessness in the State, as documented under the requirements of the program authorized under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. ). (ii) Benchmarks Each year, each State shall meet the benchmarks described in this clause, based equally on the percentage reduction in reported population of children and families experiencing homelessness in the following year’s point-in-time count and the percentage reduction in population of students experiencing homelessness: (I) Annual report Each State shall submit an annual report to the Secretary that contains— (aa) data collected from schools pursuant to the program authorized under subtitle B of title VII of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11431 et seq. ), including the number of students— (AA) experiencing unsheltered homelessness; (BB) living in shelters; (CC) living in motels, hotels, or campgrounds; (DD) living in a car or other motor vehicle; or (EE) sharing the housing of other persons due to loss of housing, economic hardship, or similar reasoning; and (bb) the information received from each public housing agency in the State under clause (i)(II). (II) Issuance of vouchers for smaller States Each State with a rate of homelessness that is not higher than 10 people per 10,000 shall— (aa) not later than 2 years after the end of the capacity-building period— (AA) issue vouchers under this paragraph to not less than 50 percent of the population of people experiencing homelessness in the State, using data from the most recent point-in-time count; and (BB) to the greatest extent possible, prioritize the issuance of those vouchers to eligible youth and families; (bb) not later than 3 years after the end of the capacity-building period— (AA) issue vouchers under this paragraph to not less than 70 percent of the population of people experiencing homelessness in the State, using data from the most recent point-in-time count; and (BB) to the greatest extent possible, prioritize the issuance of those vouchers to eligible youth and families; and (cc) not later than 4 years after the end of the capacity-building period, issue vouchers under this paragraph to all people experiencing homelessness in the State. (III) Issuance of vouchers for larger States Each State with a rate of homelessness that is higher than 10 people per 10,000 shall— (aa) not later than 2 years after the end of the capacity-building period— (AA) issue vouchers under this paragraph to not less than 40 percent of the population of people experiencing homelessness in the State, using data from the most recent point-in-time count; and (BB) to the greatest extent possible, prioritize the issuance of those vouchers to eligible youth and families; (bb) not later than 3 years after the end of the capacity-building period— (AA) issue vouchers under this paragraph to not less than 60 percent of the population of people experiencing homelessness in the State, using data from the most recent point-in-time count; and (BB) to the greatest extent possible, prioritize the issuance of those vouchers to eligible youth and families; and (cc) not later than 4 years after the end of the capacity-building period, issue vouchers under this paragraph to all people experiencing homelessness in the State. (iii) Penalties (I) Warning Except as provided in clause (v), if a State does not meet the applicable benchmarks described in clause (ii), the Secretary shall publicly warn the State of the failure of the State to meet the benchmark and remind the State of the applicable penalties. (II) Reduction in Federal highway funds If a State does not meet the applicable benchmarks described in clause (ii)— (aa) by the date that is 180 days after the warning by the Secretary under subclause (I) of this clause, the Federal share payable for Federal-aid highway projects under section 120 of title 23, United States Code, shall be reduced by 5 percent; or (bb) by the date that is 180 days after a reduction made under item (aa) of this subclause, the Federal share payable for Federal-aid highway projects under section 120 of title 23, United States Code, shall be further reduced by 5 percent. (iv) Condition on compliance Beginning in the first Notice of Funding Availability cycle beginning after the date of enactment of this paragraph, and every Notice of Funding Availability cycle thereafter, the Secretary shall condition the awarding of all funding for vouchers under this paragraph by the Secretary to a public housing authority in a State on that State’s compliance with the benchmarks described in clause (ii). (v) Unemployment rate If the quarterly unemployment rate of the population of a State is not less than 6 percent— (I) the State shall not be penalized under clause (iii) for failure to meet the benchmarks described in clause (ii); and (II) the State shall be required to meet the benchmarks described in clause (ii) not later than 180 days after the date on which the quarterly unemployment rate descends beneath 6 percent. (G) Administrative needs of HUD (i) Authorization of appropriations There is authorized to be appropriated $15,000,000 for each of fiscal years 2022 through 2026 to the Secretary for the administrative needs of the Department of Housing and Urban Development and regional offices of the Department in carrying out the voucher program under this paragraph. (ii) Prohibition None of the funds made available under this subparagraph may be used to provide raises or bonuses to any employee of the Department of Housing and Urban Development in an amount that is more than 10 percent of the annual gross salary of the employee. . 112. Land acquisition and construction (a) Definitions In this section— (1) the term at risk of homelessness has the meaning given the term in section 401(1) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11360 ), except that 50 percent shall be substituted for 30 percent in subparagraph (A) of that section; (2) the terms extremely low-income and very low-income have the meanings given those terms in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 ); (3) the term homeless means an individual or family who is— (A) living in a place not meant for human habitation or in an emergency shelter; (B) living in transitional housing for homeless persons and was homeless before entering transitional housing or an emergency shelter; (C) fleeing domestic violence; or (D) at risk of homelessness; and (4) the term Secretary means the Secretary of Housing and Urban Development. (b) Authorizations of appropriations (1) In general There is authorized to be appropriated to the Housing Trust Fund established under section 1338 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568 ) $10,000,000,000 for each of fiscal years 2022 through 2032 for allocation to States in accordance with subsection (c) of such section 1338, subject to subsections (c) through (f) of this section. (2) Administrative needs of States (A) Authorization of appropriations There is authorized to be appropriated to the Secretary $65,000,000 for each of fiscal years 2022 through 2027 for the administrative needs of States under this section, in accordance with subparagraph (C). (B) Allocation Of amounts authorized to be appropriated under subparagraph (A) for each fiscal year— (i) $15,000,000 shall be allocated to the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the Virgin Islands; and (ii) the remainder shall be allocated to States pursuant to the formula established under paragraph (21)(E)(ii) of section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as added by section 3 of this Act. (C) Eligible activities A State that receives funds authorized to be appropriated under subparagraph (A) may only use the funds for capacity-related investments that are necessary for the State to successfully allocate funds made available under paragraph (1) of this subsection. (D) Prohibition None of the funds made available under this paragraph may be used to provide raises or bonuses to any official of the executive branch of a State. (c) Revision of funding formula (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary shall report to Congress proposed changes to the funding formula under section 1338(c)(3) of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4568(c)(3) ) in order to ensure that the funding formula takes into account the economic status of the people of the United States, including the economic impact of the COVID–19 pandemic. (2) Contents The revised formula proposed under paragraph (1) shall address the following concerns: (A) The COVID–19 pandemic and its impacts on the economic security and housing stability of very low-income and extremely low-income people of the United States. (B) The impacts of differing vacancy rates across various housing markets in the United States. (C) The rate of unsheltered homelessness in various housing markets across the United States. (D) The impact of differing rates of poverty and extreme poverty across various States. (E) The gap between demand for and supply of rental units that are affordable and available to very low-income and extremely low-income renters in a State. (d) Eligible households Housing that is assisted using amounts made available under subsection (b) may only be used for the benefit of very low-income or extremely low-income households. (e) Eligible activities A recipient of funds authorized under subsection (b)— (1) may only use the funds for land acquisition and the acquisition, rehabilitation, or development of rental housing that is affordable for very low-income or extremely low-income households; and (2) shall take all possible measures to expedite construction of housing described in paragraph (1). (f) Priority for occupancy in dwelling units (1) First 2 fiscal years During the first 2 fiscal years for which amounts are made available to carry out this section, the Secretary shall ensure that priority for occupancy in a dwelling unit that receives assistance under this section is given to a homeless family or homeless youth. (2) Subsequent 3 fiscal years During the third, fourth, and fifth fiscal years for which amounts are made available to carry out this section, the Secretary shall ensure that priority for occupancy in a dwelling unit that receives assistance under this section is given to a homeless family or homeless individual. 113. Modular construction pilot program (a) Definitions In this section: (1) Eligible entity The term eligible entity means a public housing agency, a tribally designated housing entity (as defined in section 4 of the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4103 )), a nonprofit entity, a company, a religious entity, or a unit of local or Tribal government. (2) Modular construction The term modular construction means the method of residential construction by which building modules are constructed off of the future site of a building, then brought together on the building site to form a larger residential building, in an effort to reduce construction costs. (3) Secretary The term Secretary means the Secretary of Housing and Urban Development. (b) Establishment of program (1) In general The Secretary shall establish a pilot program to provide grants to eligible entities to promote the construction of affordable housing using modular construction. (2) Affordability requirement To be eligible to receive a grant under paragraph (1), an eligible entity shall be required to guarantee affordability for a period of more than 20 years. (3) Priority In awarding grants under paragraph (1), the Secretary shall give priority to an eligible entity that fulfills not fewer than two of the following requirements: (A) The eligible entity— (i) will construct the housing in groups of more than 50 units; or (ii) provides confirmation from the jurisdiction with land use control over the site proposed by the eligible entity that— (I) construction will be completed within 18 months; and (II) the housing will be constructed in groups of more than 30 units. (B) The eligible entity partners with a public housing agency or unit of local government that will issue rental assistance to residents of the affordable housing through vouchers or grants. (C) The eligible entity will provide supportive services (as described in paragraph (21)(D)(iii)(II) of section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ), as added by section 3 of this Act) to residents at no charge, or has secured the provision of publicly or privately administered supportive services (as so defined) to residents at no charge. (c) Matching requirement The Federal share of a project funded under this section shall be not more than 75 percent of the cost of the project. (d) Authorization of appropriations There is authorized to be appropriated to the Secretary $2,000,000 for each of fiscal years 2022 through 2027 to carry out this section. 114. Supporting pro-housing development (a) Definitions In this section: (1) Duplex The term duplex means a residential building divided into 2 units, each of which has a separate entrance. (2) Eligible activity The term eligible activity means an activity authorized under section 105(a) of the Housing and Community Development Act of 1974 ( 42 U.S.C. 5305(a) ). (3) Eligible entity The term eligible entity means a jurisdiction that adopts a zoning and community planning method described in subsection (d)(4) after the date of enactment of this Act. (4) Floor area ratio The term floor area ratio means the measurement of the floor area of a building in relation to the size of the unit of land on which the building is located. (5) Jurisdiction The term jurisdiction has the meaning given the term in section 91.5 of title 24, Code of Federal Regulations, or any successor regulation. (6) Low-income The term low-income has the meaning given the term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 ). (7) Mixed-use housing The term mixed use housing means a building with— (A) retail or other business, public service, or nonprofit establishments at the ground level or a lower level; and (B) not less than 1 story of residential units above the establishments described in subparagraph (A). (8) Quadplex The term quadplex means a residential building divided into 4 units, each of which has a separate entrance. (9) Secretary The term Secretary means the Secretary of Housing and Urban Development. (10) Triplex The term triplex means a residential building divided into 3 units, each of which has a separate entrance. (11) Multifamily housing The term multifamily housing — (A) means housing accommodations that— (i) are designed principally for residential use; (ii) conform to standards satisfactory to the Secretary; and (iii) consist of not less than 5 rental units on a site; and (B) includes units that are detached, semidetached, row house, or multifamily structures. (b) Zoning information reporting requirement (1) In general The Secretary shall require a jurisdiction that receives, directly or indirectly, any funding from the Secretary to submit to the Secretary a report containing information about the zoning and community planning methods of the jurisdiction, unless the jurisdiction already reports such information. (2) Additional information Upon receiving a report described in paragraph (1) from a jurisdiction, the Secretary may request additional information, at the discretion of the Secretary. (c) Prohibited zoning methods (1) In general On and after the date that is 180 days after the date of enactment of this Act, a jurisdiction that uses a zoning and community planning method described in paragraph (2) may not receive, directly or indirectly, amounts from a grant awarded under subsection (d). (2) Prohibited methods The methods referred to in paragraph (1) are the following: (A) Prohibiting or discouraging duplexes in areas zoned for single-family homes. (B) Prohibiting or discouraging single-room occupancy development in areas zoned for multifamily homes. (C) In areas within one half-mile of a multimodal transit stop, maintaining requirements of more than 1 parking spot for a resident’s car per residential unit. (D) Prohibiting or discouraging accessory dwelling units (commonly known as an ADU or granny flat ) on the premises of single-family homes. (E) Prohibiting or discouraging the conversion of commercial property into residential property. (F) Prohibiting or discouraging the development of multifamily housing or mixed-use housing in commercial areas. (3) Exception A jurisdiction shall not be penalized under paragraph (1) based on the use of a zoning and community planning method described in paragraph (2) over which the jurisdiction does not have control. (d) Grant program (1) Establishment The Secretary shall establish a program under which the Secretary awards competitive grants to eligible entities to use for eligible activities. (2) Priority In awarding grants under paragraph (1), the Secretary— (A) shall give priority to an eligible entity that adopt more than one of the zoning and community planning methods described in paragraph (4); and (B) in giving priority to an eligible entity under subparagraph (A) of this paragraph, shall base the degree of priority given on the number of such methods that the eligible entity has adopted, relative to the number of such methods that each other eligible entity has adopted. (3) Amount of grant (A) In general The amount of a grant awarded to an eligible entity under paragraph (1) shall be not less than— (i) $5,000,000 for an eligible entity with a population of less than 80,000; (ii) $20,000,000 for an eligible entity with a population of less than 100,000; (iii) $40,000,000 for an eligible entity with a population of less than 500,000; (iv) $100,000,000 for an eligible entity with a population of less than 1,000,000; and (v) $125,000,000 for an eligible entity with a population of not less than 1,000,000. (B) Population calculation The Secretary shall calculate the population of an eligible entity for purposes of subparagraph (A) using the most recently available data from the Bureau of the Census. (4) Encouraged zoning and community planning methods The zoning and community planning methods described in this paragraph are the following: (A) Allowing— (i) duplexes, triplexes, and quadplexes, or other multifamily housing, in areas zoned for single-family homes; (ii) the subdivision of existing single-family homes into multiple units; and (iii) waivers to permitting or zoning requirements to incentivize the construction of— (I) accessory dwelling units; (II) additions to existing single-family homes to create duplexes, triplexes, or quadplexes; or (III) other additions that do not require demolition of an existing home on a given unit of land. (B) Incentivizing the development of single-room occupancy multifamily housing and accessory dwelling units through expedited permitting, reduced fees, or other incentives. (C) Not imposing a minimum lot size or minimum unit square-foot requirements. (D) Incentivizing the development of commercial property into residential housing. (E) Eliminating or lowering requirements for per-unit parking spots. (F) Allowing increased floor area ratios. (G) Eliminating or raising height limits on development to encourage building vertically rather than horizontally. (H) Waiving or eliminating fees or permits for development in exchange for the development of a larger number of units that are affordable to low-income people. (5) Regulations The Secretary may promulgate any regulations necessary to carry out this subsection. (6) Authorization of appropriations There are authorized to be appropriated to carry out this subsection $4,000,000,000 for each of fiscal years 2022 through 2027. 115. Permanent authorization of appropriations for McKinney-Vento Homeless Assistance Act grants Section 408 of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11364 ) is amended to read as follows: 408. Authorization of appropriations There are authorized to be appropriated to carry out this title such sums as may be necessary for each fiscal year. . B Rural housing assistance 121. Rural housing reinvestment (a) Definitions In this section: (1) Broad-based nonprofit organization The term broad-based nonprofit organization means a nonprofit organization that has a membership that reflects a variety of interests in the area in which housing assisted under this section will be located. (2) Covered program The term covered program means— (A) the Very Low-Income Housing Repair Loans and Grants Program under section 504 of the Housing Act of 1949 ( 42 U.S.C. 1474 ); (B) the Farm Labor Housing loan program under section 514 of the Housing Act of 1949 ( 42 U.S.C. 1484 ); (C) the Rural Rental Housing Loan program under section 515 of the Housing Act of 1949 ( 42 U.S.C. 1485 ); (D) the Farm Labor Housing grant program under section 516 of the Housing Act of 1949 ( 42 U.S.C. 1486 ); and (E) the Rural Rental Assistance program under section 521 of the Housing Act of 1949 ( 42 U.S.C. 1490a ). (3) Domestic farm laborer The term domestic farm laborer means an individual who receives a substantial portion of the individual's income from the primary production of processed or unprocessed agricultural or aquacultural commodities or other farm labor employment. (4) Eligible entity The term eligible entity means— (A) a broad-based nonprofit organization; (B) a nonprofit organization with experience in developing affordable housing, rural housing, or housing for domestic farm laborers; (C) a nonprofit organization of domestic farm laborers; (D) a federally recognized Indian Tribe; (E) a community organization; (F) an agency of a State or of a political subdivision of a State; or (G) a limited partnership with a nonprofit general partner. (5) Green building certification The term green building certification means— (A) a certification from the Residential New Construction Program of the Energy Star program established by section 324A of the Energy Policy and Conservation Act ( 42 U.S.C. 6294a ); (B) a certification from the Zero Energy Ready Home program of the Department of Energy; and (C) a certification or accreditation that is substantially similar to a certification described in subparagraph (A) or (B) that requires the housing project to be at least 10 percent more efficient than homes built to the building code standards of the applicable State. (6) Low-income The term low-income has the meaning given the term in section 1303 of the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 ( 12 U.S.C. 4502 ). (7) Secretary The term Secretary means the Secretary of Agriculture. (b) Assistance (1) Loans and grants (A) In general The Secretary shall award additional loans and grants, including zero-percent interest loans, under the covered programs to eligible entities that construct or preserve off-farm affordable housing, including multifamily housing, for domestic farm laborers or multifamily housing for low-income individuals living in rural areas to increase and preserve the supply of available and affordable rental housing for— (i) low-income individuals living in rural areas; and (ii) domestic farm laborers. (B) Timeline (i) Notice of funding availability Not later than 180 days after the date of enactment of this Act, the Secretary shall publish a notice of funding availability to solicit applications for loans and grants to be awarded under subparagraph (A). (ii) Awards Not later than 1 year after the date of enactment of this Act, the Secretary shall award loans and grants, including zero-percent interest loans, to eligible entities under subparagraph (A). (C) Local contribution for grants (i) In general An eligible entity that receives a grant under this section shall contribute not less than 10 percent of the total project cost from sources other than the grant. (ii) Timing of availability An eligible entity may not receive a grant under this section unless the funds required under clause (i) are available to the eligible entity as of the date on which the grant is awarded. (iii) Sources An eligible entity may use amounts from a loan financed by the Rural Housing Service or the Federal Housing Administration to satisfy the requirement under clause (i). (2) Rental assistance for off-farm affordable housing and multifamily housing (A) In general In addition to loans and grants under paragraph (1), the Secretary, acting through the Under Secretary for Rural Development, shall provide rental assistance to— (i) owners of off-farm affordable housing for domestic farm laborers that is assisted by a loan or grant under paragraph (1); and (ii) owners of affordable multifamily housing for low-income individuals living in rural areas that is assisted by a loan or grant under paragraph (1). (B) Amount of rent In providing rental assistance under subparagraph (A), the Secretary shall make assistance payments to the owners of housing described in that subparagraph in order to make available to low-income occupants of such housing rentals at rates commensurate to income and not exceeding the highest of— (i) 30 percent of adjusted income (as defined in section 3(b)(5) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(b)(5) ), except that the amount shall be calculated on a monthly basis); (ii) 10 percent of monthly income; or (iii) if the person or family is receiving payments for welfare assistance from a public agency, the portion (if any) of the payments that is specifically designated by the agency to meet the housing costs of the person or family. (C) Cap on rent increases The rent or contribution to rent paid by any recipient of assistance under this paragraph shall not increase as a result of this section or any other provision of Federal law or regulation by more than 10 percent during any 12-month period, unless the increase above 10 percent is attributable to increases in income that are unrelated to this subsection or the other provision of Federal law or regulation. (D) Amount of assistance The amount of an assistance payment made on behalf of a tenant under this paragraph shall be equal to the difference between— (i) the monthly contribution of the tenant, which shall be the applicable amount under subparagraph (B); and (ii) the fair market rental for the jurisdiction in which the property is located, as established by the Secretary under section 8(c) of the United States Housing Act of 1937 ( 42 U.S.C. 1437a(c) ). (E) Regulations The Secretary may promulgate any regulation that is necessary and proper to carry out this paragraph. (3) Priority In awarding assistance for farm labor housing and multi-family housing under paragraphs (1) and (2), the Secretary shall give priority to an applicant seeking assistance for a housing project that— (A) as determined by the Secretary, is energy efficient and generates energy, such as through geo-exchange systems, ground-source heat pumps, wind turbines, and solar energy systems; or (B) has a green building certification. (c) Funding (1) Farm Labor Housing loans and grants programs There is authorized to be appropriated to the Secretary $78,000,000 for each of fiscal years 2022 through 2032 to award loans and grants under subsection (b)(1)(A) through the Farm Labor Housing loan program and Farm Labor Housing grant program under sections 514 and 516, respectively, of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1486). (2) Rural Rental Housing Loan program There is authorized to be appropriated to the Secretary $100,000,000 for each of fiscal years 2022 through 2032 to award loans under subsection (b)(1)(A) through the Rural Rental Housing Loan program under section 515 of the Housing Act of 1949 ( 42 U.S.C. 1485 ). (3) Rural Rental Assistance program There is authorized to be appropriated to the Secretary $2,500,000,000 for each of fiscal years 2022 through 2032 to award loans under subsection (b)(1)(A) through the Rural Rental Assistance program under section 521 of the Housing Act of 1949 ( 42 U.S.C. 1490a ). (4) Rental assistance under (b)(2) of this section There is authorized to be appropriated to the Secretary $250,000,000 for each of fiscal years 2022 through 2032 for rental assistance payments under subsection (b)(2). 122. Permanent establishment of housing preservation and revitalization program Title V of the Housing Act of 1949 ( 42 U.S.C. 1471 et seq. ) is amended by adding at the end the following: 545. Housing preservation and revitalization program (a) Establishment The Secretary shall carry out a program under this section for the preservation and revitalization of multifamily rental housing projects financed under section 515 or both sections 514 and 516. (b) Notice of maturing loans (1) To owners On an annual basis, the Secretary shall provide written notice to each owner of a property financed under section 515 or both sections 514 and 516 that will mature within the 4-year period beginning upon the provision of such notice, setting forth the options and financial incentives that are available to facilitate the extension of the loan term or the option to decouple a rental assistance contract pursuant to subsection (f). (2) To tenants (A) In general For each property financed under section 515 or both sections 514 and 516, not later than the date that is 2 years before the date that such loan will mature, the Secretary shall provide written notice to each household residing in such property that informs them of the date of the loan maturity, the possible actions that may happen with respect to the property upon such maturity, and how to protect their right to reside in federally assisted housing after such maturity. (B) Language Notice under this paragraph shall be provided in plain English and shall be translated into other languages in the case of any property located in an area in which a significant number of residents speak such other languages. (c) Loan restructuring Under the program under this section, the Secretary may restructure such existing housing loans, as the Secretary considers appropriate, for the purpose of ensuring that such projects have sufficient resources to preserve the projects to provide safe and affordable housing for low-income residents and farm laborers, by— (1) reducing or eliminating interest; (2) deferring loan payments; (3) subordinating, reducing, or reamortizing loan debt; and (4) providing other financial assistance, including advances, payments, and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary. (d) Renewal of rental assistance When the Secretary offers to restructure a loan pursuant to subsection (c), the Secretary shall offer to renew the rental assistance contract under section 521(a)(2) for a 20-year term that is subject to annual appropriations, provided that the owner agrees to bring the property up to such standards that will ensure its maintenance as decent, safe, and sanitary housing for the full term of the rental assistance contract. (e) Restrictive use agreements (1) Requirement As part of the preservation and revitalization agreement for a project, the Secretary shall obtain a restrictive use agreement that obligates the owner to operate the project in accordance with this title. (2) Term (A) No extension of rental assistance contract Except when the Secretary enters into a 20-year extension of the rental assistance contract for the project, the term of the restrictive use agreement for the project shall be consistent with the term of the restructured loan for the project. (B) Extension of rental assistance contract If the Secretary enters into a 20-year extension of the rental assistance contract for a project, the term of the restrictive use agreement for the project shall be for 20 years. (C) Termination The Secretary may terminate the 20-year use restrictive use agreement for a project prior to the end of its term if the 20-year rental assistance contract for the project with the owner is terminated at any time for reasons outside the owner’s control. (f) Decoupling of rental assistance (1) Renewal of rental assistance contract If the Secretary determines that a maturing loan for a project cannot reasonably be restructured in accordance with subsection (c) and the project was operating with rental assistance under section 521, the Secretary may renew the rental assistance contract, notwithstanding any provision of section 521, for a term, subject to annual appropriations, of at least 10 years but not more than 20 years. (2) Rents Any agreement to extend the term of the rental assistance contract under section 521 for a project shall obligate the owner to continue to maintain the project as decent, safe, and sanitary housing and to operate the development in accordance with this title, except that rents shall be based on the lesser of— (A) the budget-based needs of the project; or (B) (the operating cost adjustment factor as a payment standard as provided under section 524 of the Multifamily Assisted Housing Reform and Affordability Act of 1997 ( 42 U.S.C. 1437 note)). (g) Multifamily housing transfer technical assistance Under the program under this section, the Secretary may provide grants to qualified nonprofit organizations and public housing agencies to provide technical assistance, including financial and legal services, to borrowers under loans under this title for multifamily housing to facilitate the acquisition of such multifamily housing properties in areas where the Secretary determines there is a risk of loss of affordable housing. (h) Transfer of rental assistance After the loan or loans for a rental project originally financed under section 515 or both sections 514 and 516 have matured or have been prepaid and the owner has chosen not to restructure the loan pursuant to subsection (c), a tenant residing in such project shall have 18 months prior to loan maturation or prepayment to transfer the rental assistance assigned to the tenant’s unit to another rental project originally financed under section 515 or both sections 514 and 516, and the owner of the initial project may rent the tenant’s previous unit to a new tenant without income restrictions. (i) Administrative expenses Of any amounts made available for the program under this section for any fiscal year, the Secretary may use not more than $1,000,000 for administrative expenses for carrying out such program. (j) Authorization of appropriations There is authorized to be appropriated for the program under this section $200,000,000 for each of fiscal years 2022 through 2027. . 123. Eligibility for rural housing vouchers Section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ) is amended by adding at the end the following: (c) Eligibility of households in section 514, 515, and 516 projects The Secretary may provide rural housing vouchers under this section for any low-income household (including those not receiving rental assistance) residing in a property financed with a loan made or insured under section 514 or 515 ( 42 U.S.C. 1484 , 1485) which has been prepaid, has been foreclosed, or has matured after September 30, 2005, or residing in a property assisted under section 514 or 516 that is owned by a nonprofit organization or public agency. . 124. Amount of voucher assistance Notwithstanding any other provision of law, in the case of any rural housing voucher provided pursuant to section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ), the amount of the monthly assistance payment for the household on whose behalf such assistance is provided shall be determined as provided in subsection (a) of such section 542. 125. Use of available rental assistance Section 521(d) of the Housing Act of 1949 ( 42 U.S.C. 1490a(d) ) is amended by adding at the end the following: (3) In the case of any rental assistance contract authority that becomes available because of the termination of assistance on behalf of an assisted family— (A) at the option of the owner of the rental project, the Secretary shall provide the owner a period of 6 months before such assistance is made available pursuant to subparagraph (B) during which the owner may use such assistance authority to provide assistance on behalf of an eligible unassisted family that— (i) is residing in the same rental project that the assisted family resided in prior to such termination; or (ii) newly occupies a dwelling unit in such rental project during such period; and (B) except for assistance used as provided in subparagraph (A), the Secretary shall use such remaining authority to provide such assistance on behalf of eligible families residing in other rental projects originally financed under section 515 or both sections 514 and 516. . 126. Funding for multifamily technical improvements There is authorized to be appropriated to the Secretary of Agriculture $50,000,000 for fiscal year 2022 for improving the technology of the Department of Agriculture used to process loans for multifamily housing and otherwise managing such housing. Such improvements shall be made within the 5-year period beginning upon the appropriation of such amounts and such amount shall remain available until the expiration of such 5-year period. 127. Plan for preserving affordability of rental projects (a) Plan Not later than 180 days after the date of enactment of this Act, the Secretary of Agriculture (in this section referred to as the Secretary ) shall submit a written plan to Congress for preserving the affordability for low-income families of rental projects for which loans were made under section 515 of the Housing Act of 1949 ( 42 U.S.C. 1485 ) or made to nonprofit or public agencies under section 514 of that Act ( 42 U.S.C. 1484 ) and avoiding the displacement of tenant households, which shall— (1) set forth specific performance goals and measures; (2) set forth the specific actions and mechanisms by which such goals will be achieved; (3) set forth specific measurements by which progress towards achievement of each goal can be measured; (4) provide for detailed reporting on outcomes; and (5) include any legislative recommendations to assist in achievement of the goals under the plan. (b) Advisory committee (1) Establishment; purpose The Secretary shall establish an advisory committee whose purpose shall be to assist the Secretary— (A) in preserving properties assisted under section 514 or 515 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485) that are owned by nonprofit or public agencies through the multifamily housing preservation and revitalization program under section 545 of that Act (as added by this subtitle); and (B) implementing the plan required under subsection (a) of this section. (2) Member The advisory committee shall consist of 14 members, appointed by the Secretary, as follows: (A) A State Director of Rural Development for the Department of Agriculture. (B) The Administrator for Rural Housing Service of the Department of Agriculture. (C) Two representatives of for-profit developers or owners of multifamily rural rental housing. (D) Two representatives of nonprofit developers or owners of multifamily rural rental housing. (E) Two representatives of State housing finance agencies. (F) Two representatives of tenants of multifamily rural rental housing. (G) One representative of a community development financial institution that is involved in preserving the affordability of housing assisted under sections 514, 515, and 516 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485, 1486). (H) One representative of a nonprofit organization that operates nationally and has actively participated in the preservation of housing assisted by the Rural Housing Service by conducting research regarding, and providing financing and technical assistance for, preserving the affordability of such housing. (I) One representative of low-income housing tax credit investors. (J) One representative of regulated financial institutions that finance affordable multifamily rural rental housing developments. (3) Meetings The advisory committee shall meet not less often than once each calendar quarter. (4) Functions In providing assistance to the Secretary to carry out its purpose, the advisory committee shall carry out the following functions: (A) Assisting the Rural Housing Service of the Department of Agriculture to improve estimates of the size, scope, and condition of rental housing portfolio of the Service, including the time frames for maturity of mortgages and costs for preserving the portfolio as affordable housing. (B) Reviewing current policies and procedures of the Rural Housing Service regarding preservation of affordable rental housing financed under sections 514, 515, 516, and 538 of the Housing Act of 1949 ( 42 U.S.C. 1484 , 1485, 1486, 1490p–2), the Multifamily Preservation and Revitalization Demonstration program (commonly known as the MPR ), and the Rural Rental Assistance program under section 521 of the Housing Act of 1949 ( 42 U.S.C. 1490a ) and making recommendations regarding improvements and modifications to such policies and procedures. (C) Providing ongoing review of Rural Housing Service program results. (D) Providing reports to Congress and the public on meetings, recommendations, and other findings of the advisory committee. 128. Covered housing programs Section 41411(a)(3) of the Violence Against Women Act of 1994 ( 34 U.S.C. 12491(a)(3) ) is amended— (1) in subparagraph (I), by striking and at the end; (2) by redesignating subparagraph (J) as subparagraph (K); and (3) by inserting after subparagraph (I) the following: (J) rural development housing voucher assistance provided by the Secretary of Agriculture under section 542 of the Housing Act of 1949 ( 42 U.S.C. 1490r ), without regard to subsection (b) of that section, and applicable appropriation Acts; and . II Revenue provisions 201. Extension of period for rehabilitation expenditures (a) In general Clause (ii) of section 42(e)(3)(A) of the Internal Revenue Code of 1986 is amended by inserting (any 36-month period, in the case of buildings receiving an allocation of housing credit dollar amount before January 1, 2023) after 24-month period . (b) Conforming amendment Subparagraph (A) of section 42(e)(4) of the Internal Revenue Code of 1986 is amended by inserting (or 36-month period, if applicable) after 24-month period . (c) Effective date The amendments made by this section shall apply to buildings receiving an allocation of housing credit dollar amount after December 31, 2017. 202. Extension of basis expenditure deadline (a) In general Clause (i) of section 42(h)(1)(E) of the Internal Revenue Code of 1986 is amended by inserting (the third calendar year, in the case of an allocation made before January 1, 2023) after second calendar year . (b) Qualified building Clause (ii) of section 42(h)(1)(E) of the Internal Revenue Code of 1986 is amended— (1) by striking the date which is 1 year after the date that the allocation was made and inserting the applicable date ; (2) by inserting (or third, if applicable) after second in the first sentence; (3) by inserting (or third) after second in the second sentence; (4) by striking building .—For purposes of and inserting “ building .— (I) In general For purposes of ; and (5) by adding at the end the following new subclause: (II) Applicable date For purposes of subclause (I), the applicable date is 1 year after the date that the allocation was made with respect to the building (2 years, in the case of allocations made before January 1, 2023). . (c) Effective date The amendments made by this section shall apply to buildings receiving an allocation of housing credit dollar amount after December 31, 2017. 203. Tax-exempt bond financing requirement (a) In general Subparagraph (B) of section 42(h)(4) of the Internal Revenue Code of 1986 is amended by adding at the end the following: The preceding sentence shall be applied by substituting 25 percent for 50 percent in the case of any building which is financed by any obligation issued in calendar year 2021, 2022, 2023, or 2024 (and not by any previously issued obligation). . (b) Effective date The amendment made by this section shall apply to buildings placed in service in taxable years beginning after December 31, 2021. 204. Increases in State allocations (a) In general Clause (ii) of section 42(h)(3)(C) of the Internal Revenue Code of 1986 is amended— (1) by striking $1.75 in subclause (I) and inserting $4.92 ($3.88 in the case of calendar year 2021) ; and (2) by striking $2,000,000 in subclause (II) and inserting $5,670,462 ($4,462,734 in the case of calendar year 2021) . (b) Cost-of-Living adjustment Subparagraph (H) of section 42(h)(3) of such Code is amended— (1) by striking 2002 in clause (i) and inserting 2022 ; (2) by striking the $2,000,000 and $1.75 amounts in subparagraph (C) in clause (i) and inserting the dollar amounts applicable to such calendar year under subclauses (I) and (II) of subparagraph (C)(ii) ; (3) by striking 2001 in clause (i)(II) and inserting 2021 ; (4) by striking $2,000,000 amount in clause (ii)(I) and inserting amount under subparagraph (C)(ii)(II) ; and (5) by striking $1.75 amount in clause (ii)(II) and inserting amount under subparagraph (C)(ii)(I) . (c) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2020. 205. Buildings designated to serve extremely low-income households (a) Reserved State allocation (1) In general Subsection (h) of section 42 of the Internal Revenue Code of 1986 is amended— (A) by redesignating paragraphs (6), (7), and (8) as paragraphs (7), (8), and (9), respectively; and (B) by inserting after paragraph (5) the following new paragraph: (6) Portion of State ceiling set-aside for projects designated to serve extremely low-income households (A) In general Not more than 90 percent of the State housing credit ceiling for any State for any calendar year shall be allocated to buildings other than buildings described in subparagraph (B). (B) Buildings described A building is described in this subparagraph if 20 percent or more of the residential units in such building are rent-restricted (determined as if the imputed income limitation applicable to such units were 30 percent of area median gross income) and are designated by the taxpayer for occupancy by households the aggregate household income of which does not exceed the greater of— (i) 30 percent of area median gross income, or (ii) 100 percent of an amount equal to the Federal poverty line (within the meaning of section 36B(d)(3)). (C) State may not override set-aside Nothing in subparagraph (F) of paragraph (3) shall be construed to permit a State not to comply with subparagraph (A) of this paragraph. . (2) Conforming amendment Section 42(b)(4)(C) of the Internal Revenue Code of 1986 is amended by striking (h)(7) and inserting (h)(8) . (b) Increase in credit Paragraph (5) of section 42(d) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Increase in credit for projects designated to serve extremely low-income households In the case of any building— (i) which is described in subsection (h)(6)(B), and (ii) which is designated by the housing credit agency as requiring the increase in credit under this subparagraph in order for such building to be financially feasible as part of a qualified low-income housing project, subparagraph (B) shall not apply to the portion of such building which is comprised of such units, and the eligible basis of such portion of the building shall be 150 percent of such basis determined without regard to this subparagraph. . (c) Effective date The amendments made by this section shall apply to buildings which receive allocations of housing credit dollar amount or, in the case of projects financed by tax-exempt bonds as described in section 42(h)(4) of the Internal Revenue Code of 1986, which receive a determination of housing credit dollar amount, after the date of the enactment of this Act. 206. Inclusion of Indian areas as difficult development areas for purposes of certain buildings (a) In general Subclause (I) of section 42(d)(5)(B)(iii) of the Internal Revenue Code of 1986 is amended by inserting before the period the following: , and any Indian area . (b) Indian area Clause (iii) of section 42(d)(5)(B) of the Internal Revenue Code of 1986 is amended by redesignating subclause (II) as subclause (IV) and by inserting after subclause (I) the following new subclauses: (II) Indian area For purposes of subclause (I), the term Indian area means any Indian area (as defined in section 4(11) of the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4103(11) )). (III) Special rule for buildings in Indian areas In the case of an area which is a difficult development area solely because it is an Indian area, a building shall not be treated as located in such area unless such building is assisted or financed under the Native American Housing Assistance and Self Determination Act of 1996 ( 25 U.S.C. 4101 et seq. ) or the project sponsor is an Indian tribe (as defined in section 45A(c)(6)), a tribally designated housing entity (as defined in section 4(22) of such Act ( 25 U.S.C. 4103(22) )), or wholly owned or controlled by such an Indian tribe or tribally designated housing entity. . (c) Effective date The amendments made by this section shall apply to buildings placed in service after December 31, 2021. 207. Inclusion of rural areas as difficult development areas (a) In general Subclause (I) of section 42(d)(5)(B)(iii) of the Internal Revenue Code of 1986, as amended by section 206, is further amended by inserting , any rural area after median gross income . (b) Rural area Clause (iii) of section 42(d)(5)(B) of the Internal Revenue Code of 1986, as amended by section 206, is further amended by redesignating subclause (IV) as subclause (V) and by inserting after subclause (III) the following new subclause: (IV) Rural area For purposes of subclause (I), the term rural area means any non-metropolitan area, or any rural area as defined by section 520 of the Housing Act of 1949, which is identified by the qualified allocation plan under subsection (m)(1)(B). . (c) Effective date The amendments made by this section shall apply to buildings placed in service after December 31, 2021. 208. Increase in credit for bond-financed projects designated by housing credit agency (a) In general Clause (v) of section 42(d)(5)(B) of the Internal Revenue Code of 1986 is amended by striking the second sentence. (b) Technical amendments Clause (v) of section 42(d)(5)(B) of the Internal Revenue Code of 1986, as amended by subsection (a), is further amended— (1) by striking State in the heading; and (2) by striking State housing credit agency and inserting housing credit agency . (c) Effective date The amendments made by this section shall apply to buildings which receive a determination of housing credit dollar amount after the date of the enactment of this Act. 209. Repeal of qualified contract option (a) Termination of option for certain buildings (1) In general Subclause (II) of section 42(h)(7)(E)(i) of the Internal Revenue Code of 1986, as redesignated by section 205, is amended by inserting in the case of a building described in clause (iii), before on the last day . (2) Buildings described Subparagraph (E) of section 42(h)(7) of such Code, as so redesignated, is amended by adding at the end the following new clause: (iii) Buildings described A building described in this clause is a building— (I) which received its allocation of housing credit dollar amount before January 1, 2021, or (II) in the case of a building any portion of which is financed as described in paragraph (4), which received before January 1, 2021, a determination from the issuer of the tax-exempt bonds or the housing credit agency that the building is eligible to receive an allocation of housing credit dollar amount under the rules of paragraphs (1) and (2) of subsection (m). . (b) Rules relating to existing projects Subparagraph (F) of section 42(h)(7) of the Internal Revenue Code of 1986, as redesignated by section 205, is amended by striking the nonlow-income portion and all that follows and inserting the nonlow-income portion and the low-income portion of the building for fair market value (determined by the housing credit agency by taking into account the rent restrictions required for the low-income portion of the building to continue to meet the standards of paragraphs (1) and (2) of subsection (g)). The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out this paragraph. . (c) Conforming amendments (1) Paragraph (7) of section 42(h) of the Internal Revenue Code of 1986, as redesignated by section 205, is amended by striking subparagraph (G) and by redesignating subparagraphs (H), (I), (J), and (K) as subparagraphs (G), (H), (I), and (J), respectively. (2) Subclause (II) of section 42(h)(7)(E)(i) of such Code, as so redesignated and as amended by subsection (a), is further amended by striking subparagraph (I) and inserting subparagraph (H) . (d) Technical amendment Subparagraph (I) of section 42(h)(7) of the Internal Revenue Code of 1986, as redesignated by section 205 and subsection (c), is amended by striking agreement and inserting commitment . (e) Effective date The amendments made by this section shall apply to buildings with respect to which a written request described in section 42(h)(7)(H) of the Internal Revenue Code of 1986, as redesignated by section 205 and subsection (c), is submitted after the date of the enactment of this Act. 210. Modification and clarification of rights relating to building purchase (a) Modification of right of first refusal (1) In general Subparagraph (A) of section 42(i)(7) of the Internal Revenue Code of 1986 is amended by striking a right of 1st refusal and inserting an option . (2) Conforming amendment The heading of paragraph (7) of section 42(i) of such Code is amended by striking right of 1st refusal and inserting option . (b) Clarification with respect to right of first refusal and purchase options (1) Purchase of partnership interest Subparagraph (A) of section 42(i)(7) of the Internal Revenue Code of 1986, as amended by subsection (a), is amended by striking the property and inserting the property or all of the partnership interests (other than interests of the person exercising such option or a related party thereto (within the meaning of section 267(b) or 707(b)(1))) relating to the property . (2) Property includes assets relating to the building Paragraph (7) of section 42(i) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subparagraph: (C) Property For purposes of subparagraph (A), the term property may include all or any of the assets held for the development, operation, or maintenance of a building. . (3) Exercise of right of first refusal and purchase options Subparagraph (A) of section 42(i)(7) of the Internal Revenue Code of 1986, as amended by subsection (a) and paragraph (1)(A), is amended by adding at the end the following: “For purposes of determining whether an option, including a right of first refusal, to purchase property or partnership interests holding (directly or indirectly) such property is described in the preceding sentence— (i) such option or right of first refusal shall be exercisable with or without the approval of any owner of the project (including any partner, member, or affiliated organization of such an owner), and (ii) a right of first refusal shall be exercisable in response to any offer to purchase the property or partnership interests, including an offer by a related party. . (c) Conforming amendments Subparagraph (B) of section 42(i)(7) of the Internal Revenue Code of 1986 is amended by striking the sum of and all that follows and inserting the principal amount of outstanding indebtedness secured by the building (other than indebtedness incurred within the 5-year period ending on the date of the sale to the tenants). In the case of a purchase of a partnership interest, the minimum purchase price is an amount not less than such interest's ratable share of the amount determined under the first sentence of this subparagraph. . (d) Effective dates (1) Modification of right of first refusal The amendment made by subsection (a) shall apply to agreements entered into or amended after the date of the enactment of this Act. (2) Clarification The amendments made by subsections (b) and (c) shall apply to agreements among the owners of the project (including partners, members, and their affiliated organizations) and persons described in section 42(i)(7)(A) of the Internal Revenue Code of 1986 entered into before, on, or after the date of the enactment of this Act. (3) No effect on agreements None of the amendments made by this section is intended to supersede express language in any agreement with respect to the terms of a right of first refusal or option permitted by section 42(i)(7) of the Internal Revenue Code of 1986 in effect on the date of the enactment of this Act. 211. Prohibition of local approval and contribution requirements (a) In general Paragraph (1) of section 42(m) of the Internal Revenue Code of 1986 is amended— (1) by striking clause (ii) of subparagraph (A) and by redesignating clauses (iii) and (iv) thereof as clauses (ii) and (iii); and (2) by adding at the end the following new subparagraph: (E) Local approval or contribution not taken into account The selection criteria under a qualified allocation plan shall not include consideration of— (i) any support or opposition with respect to the project from local or elected officials, or (ii) any local government contribution to the project, except to the extent such contribution is taken into account as part of a broader consideration of the project's ability to leverage outside funding sources, and is not prioritized over any other source of outside funding. . (b) Effective date The amendments made by this section shall apply to allocations of housing credit dollar amounts made after December 31, 2021. 212. Adjustment of credit to provide relief during COVID–19 outbreak (a) In general At the election of a taxpayer who is an owner of an eligible low-income building— (1) the credit determined under section 42 of the Internal Revenue Code of 1986 for the first or second taxable year of such building’s credit period ending on or after July 1, 2020, shall be 150 percent of the amount which would (but for this subsection) be so allowable with respect to such building for such taxable year; and (2) the aggregate credits allowable under such section with respect to such building shall be reduced, on a pro rata basis for each subsequent taxable year in the credit period, by the increase in the credit allowed by reason of paragraph (1) with respect to such first or second taxable year. The preceding sentence shall not be construed to affect whether any taxable year is part of the credit, compliance, or extended use periods for purposes of such section 42. (b) Eligible low-Income building For purposes of this section, the term eligible low-income building means a qualified low-income building with respect to which— (1) the first year in the credit period ends on or after July 1, 2020, and before July 1, 2022; and (2) construction or leasing delays have occurred after January 31, 2020, due to the outbreak of coronavirus disease 2019 (COVID–19) in the United States. (c) Election (1) In general The election under subsection (a) shall be made at such time and in such manner as shall be prescribed by the Secretary of the Treasury (or the Secretary's delegate) and, once made, shall be irrevocable by the taxpayer and any successor in ownership. (2) Partnerships In the case of an eligible low-income building owned by a partnership or S corporation, such election shall be made at the entity level. (3) Certification An owner making such election shall provide to the housing credit agency, at the same time and in addition to such other information as may be required under section 42(l)(1) of the Internal Revenue Code of 1986 with respect to the building, a certification that the purpose of making such election is to offset any reductions in capital or additional costs arising by reason of the outbreak of coronavirus disease 2019 (COVID–19) in the United States. Such certification shall include any documentation which the housing credit agency may request. (d) Definitions Any term used in this section which is also used in section 42 of the Internal Revenue Code of 1986 shall have the same meaning as when used in such section. 213. Increase in credit for low-income housing supportive services (a) In general Paragraph (5) of section 42(d) of the Internal Revenue Code of 1986, as amended by section 205, is further amended by adding at the end the following new subparagraphs: (D) Increase in credit for providing supportive services (i) In general In the case of any building which includes common areas, or property used therein, dedicated to the provision of on-site qualified supportive services, except as provided in subparagraphs (E) and (F), the eligible basis of the portion of the building which is comprised of such areas or property (after the application of subparagraphs (A) and (B)) shall be increased by an amount equal to 50 percent of such basis determined without regard to this subparagraph and subparagraphs (B) and (C). (ii) Qualified supportive services For purposes of clause (i), the term qualified supportive services means services— (I) provided by the owner of a building (directly or through contracts with third-party service providers) primarily to tenants of the building, (II) which are intended to promote economic self-sufficiency and physical and mental health and well-being in pursuit of retaining permanent housing, including childcare or eldercare services, health services, coordination of tenant benefits, job training, financial counseling, resident engagement services, or such other similar services as may be defined by the allocating agency in the qualified allocation plan, (III) which are provided to tenants and other beneficiaries as may be specified by the housing credit agency, including specifications as to which services may be provided to non-tenants, (IV) which are provided at no cost to beneficiaries other than any fee, copay, or coinsurance customarily charged by service providers for similar services, and (V) usage of or participation in which is not a condition of tenancy in the building. Such term includes reasonable and necessary measures for the provision of such services, including measures to engage tenants and other beneficiaries in and coordinate such services, and measures required to obtain the certification described in subparagraph (E)(ii)(III). (E) Extended supportive services commitment (i) In general Subparagraph (D)(i) shall not apply to a building for any taxable year unless an extended supportive services commitment is in effect for such taxable year. (ii) Extended supportive services commitment The term extended supportive services commitment means any agreement between the owner of a building and the housing credit agency which— (I) provides estimates of the amounts to be spent, updated at least once every 5 years, on the provision of qualified supportive services to tenants of such building and other beneficiaries for each taxable year remaining in the credit period, (II) requires the designation of one or more individuals to engage tenants regarding and coordinate delivery of qualified supportive services, (III) requires the maintenance of an appropriate certification, as determined by the Secretary in consultation with the housing credit agencies, for qualified supportive services, subject to recertification at least once every 5 years, (IV) requires appropriate annual reporting to the housing credit agency on expenditures and outcomes, as determined by such agency, and (V) is binding on all successors in ownership of such building. (iii) Exceptions if foreclosure or if no buyer willing to maintain services The requirement of clause (ii)(V) for any building shall terminate on the date the building is acquired by foreclosure (or instrument in lieu of foreclosure) unless the housing credit agency determines that such acquisition is part of an arrangement with the taxpayer a purpose of which is to terminate such requirement. (iv) Effect of noncompliance If, during a taxable year, there is a determination by the housing credit agency that an extended supportive services commitment was not in effect as of the beginning of such year or that there is evidence of other noncompliance as determined by the housing credit agency (including failure to provide qualified supportive services)— (I) such determination shall not apply to any period before such year and subparagraph (D)(i) shall apply to such taxable year without regard to such determination if the failure is corrected within 1 year from the date of the determination, and (II) in the case of any year to which such determination does apply, if the failure is not corrected within 1 year from the date of the determination, the credit recapture amount under subsection (j)(1) for the year in which such 1 year period expires shall be increased by the amount of any increase in the credit under this section by reason of subparagraph (D)(i) for the year to which the determination applies. (v) Projects which consist of more than 1 building Rules similar to the rules of subsection (h)(7)(J) shall apply. (F) Responsibilities of housing credit agency Subparagraph (D)(i) shall not apply to a building for any taxable year unless— (i) the housing credit agency sets forth criteria— (I) to determine appropriate, evidence-based supportive services, (II) for the selection of appropriate and competent service providers, and (III) which common areas or property described in subparagraph (D)(i) shall meet in order to qualify for the increase in credit under subparagraph (D), (ii) the housing credit agency provides a procedure that the agency (or an agent or other private contractor of such agency) shall follow in monitoring for noncompliance with the provisions of this subparagraph and subparagraphs (D) and (E) and in reporting such noncompliance to the Secretary, and (iii) appropriate books and records for expenditures with respect to the qualified supportive services are maintained on an annual basis, and are available for inspection upon request by the housing credit agency. . (b) Effective date The amendment made by this section shall apply to buildings which receive allocations of housing credit dollar amount or, in the case of projects financed by tax-exempt obligations as described in section 42(h)(4) of the Internal Revenue Code of 1986, which are first taken into account under section 146 of such Code, after the date of the enactment of this Act. 214. Study of tax incentives for the conversion of commercial property to affordable housing Within 6 months of the date of the enactment of this Act, the Secretary of the Treasury, the Secretary of Housing and Urban Development, the Deputy Under Secretary for Rural Development of the Department of Agriculture, and the Director of the Office of Management and Budget shall collaborate to produce a cost-benefit analysis of providing tax incentives, including the non-recognition of capital gains, to the owners of vacant or under-utilized commercial real estate in exchange for selling these properties to State, local, or tribal housing finance agencies for conversion to affordable rental housing for low-income residents, including shelters for the homeless. 215. 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) Allowance of credit (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 1 or more partnerships) 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. 216. Middle-income housing tax credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 42 the following new section: 42A. Middle-income housing credit (a) In general For purposes of section 38, the amount of the middle-income housing credit determined under this section for any taxable year in the credit period shall be an amount equal to— (1) the applicable percentage, of (2) the qualified basis of each qualified middle-income building. (b) Applicable percentage (1) Determination of applicable percentage For purposes of this section— (A) In general The term applicable percentage means, with respect to any building, the appropriate percentage prescribed by the Secretary for the earlier of— (i) the month in which such building is placed in service, or (ii) at the election of the taxpayer, the month in which the taxpayer and the housing credit agency enter into an agreement with respect to such building (which is binding on such agency, the taxpayer, and all successors in interest) as to the housing credit dollar amount to be allocated to such building. A month may be elected under clause (ii) only if the election is made not later than the 5th day after the close of such month. Such an election, once made, shall be irrevocable. (B) Method of prescribing percentages The percentages prescribed by the Secretary for any month shall be percentages which will yield over a 15-year period amounts of credit under subsection (a) which have a present value equal to— (i) 50 percent of the qualified basis of a new building which is not Federally subsidized for the taxable year, and (ii) 20 percent of the qualified basis of a building not described in clause (i). (C) Method of discounting The present value under subparagraph (B) shall be determined— (i) as of the last day of the 1st year of the 15-year period referred to in subparagraph (B), (ii) by using a discount rate equal to 72 percent of the average of the annual Federal mid-term rate and the annual Federal long-term rate applicable under section 1274(d)(1) to the month applicable under clause (i) or (ii) of subparagraph (A) and compounded annually, and (iii) by assuming that the credit allowable under this section for any year is received on the last day of such year. (2) Minimum credit rate (A) In general The applicable percentage for any building which is not Federally subsidized for the taxable year shall not be less than 5 percent. (B) Minimum credit rate for Federally subsidized buildings In the case of any building to which subparagraph (A) does not apply, except as provided in paragraph (3), the applicable percentage shall not be less than 2 percent. (3) Exception for certain Federally subsidized buildings In the case of any building to which paragraph (2)(A) does not apply, the applicable percentage is zero unless— (A) a credit is allowed under section 42 with respect to such building for the taxable year, and (B) such building is financed by tax-exempt bonds as described in section 42(h)(4). (4) Cross references (A) For treatment of certain rehabilitation expenditures as separate new buildings, see subsection (e). (B) For determination of applicable percentage for increases in qualified basis after the 1st year of the credit period, see subsection (f)(3). (C) For authority of housing credit agency to limit applicable percentage and qualified basis which may be taken into account under this section with respect to any building, see subsection (h)(6). (c) Qualified basis; qualified middle-Income building For purposes of this section— (1) Qualified basis (A) Determination The qualified basis of any qualified middle-income building for any taxable year is an amount equal to— (i) the applicable fraction (determined as of the close of such taxable year) of (ii) the eligible basis of such building (determined under subsection (d)). (B) Applicable fraction For purposes of subparagraph (A), the term applicable fraction means the smaller of the unit fraction or the floor space fraction. (C) Unit fraction For purposes of subparagraph (B), the term unit fraction means the fraction— (i) the numerator of which is the number of middle-income units in the building, and (ii) the denominator of which is the number of residential rental units (whether or not occupied) in such building. (D) Floor space fraction For purposes of subparagraph (B), the term floor space fraction means the fraction— (i) the numerator of which is the total floor space of the middle-income units in such building, and (ii) the denominator of which is the total floor space of the residential rental units (whether or not occupied) in such building. (2) Qualified middle-income building The term qualified middle-income building means any building which is part of a qualified middle-income housing project at all times during the period— (A) beginning on the 1st day in the credit period on which such building is part of such a project, and (B) ending on the last day of the credit period with respect to such building. (d) Eligible basis For purposes of this section— (1) New buildings The eligible basis of a new building is its adjusted basis as of the close of the 1st taxable year of the credit period. (2) Existing buildings (A) In general The eligible basis of an existing building is— (i) in the case of a building which meets the requirements of subparagraph (B), its adjusted basis as of the close of the 1st taxable year of the credit period, and (ii) zero in any other case. (B) Requirements A building meets the requirements of this subparagraph if— (i) the building is acquired by purchase (as defined in section 179(d)(2)), (ii) there is a period of at least 10 years between the date of its acquisition by the taxpayer and the date the building was last placed in service, (iii) the building was not previously placed in service by the taxpayer or by any person who was a related person with respect to the taxpayer as of the time previously placed in service, and (iv) except as provided in subsection (f)(5), a credit is allowable under subsection (a) by reason of subsection (e) with respect to the building. (C) Adjusted basis For purposes of subparagraph (A), the adjusted basis of any building shall not include so much of the basis of such building as is determined by reference to the basis of other property held at any time by the person acquiring the building. (D) Special rules (i) Special rules for certain transfers For purposes of determining under subparagraph (B)(ii) when a building was last placed in service, there shall not be taken into account any placement in service— (I) in connection with the acquisition of the building in a transaction in which the basis of the building in the hands of the person acquiring it is determined in whole or in part by reference to the adjusted basis of such building in the hands of the person from whom acquired, (II) by a person whose basis in such building is determined under section 1014(a) (relating to property acquired from a decedent), (III) by any governmental unit or qualified nonprofit organization if the requirements of subparagraph (B)(ii) are met with respect to the placement in service by such unit or organization and all the income from such property is exempt from Federal income taxation, (IV) by any person who acquired such building by foreclosure (or by instrument in lieu of foreclosure) of any purchase-money security interest held by such person if the requirements of subparagraph (B)(ii) are met with respect to the placement in service by such person and such building is resold within 12 months after the date such building is placed in service by such person after such foreclosure, or (V) of a single-family residence by any individual who owned and used such residence for no other purpose than as his principal residence. (ii) Related person For purposes of subparagraph (B)(iii), a person (hereinafter in this subclause referred to as the related person ) is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). (3) Special rules relating to determination of adjusted basis For purposes of this subsection— (A) In general Except as provided in subparagraph (B), the adjusted basis of any building shall be determined without regard to the adjusted basis of any property which is not residential rental property. (B) Basis of property in common areas, etc., included (i) In general Except as provided in clause (ii), the adjusted basis of any building shall be determined by taking into account the adjusted basis of property (of a character subject to the allowance for depreciation) used in common areas or provided as comparable amenities to all residential rental units in such building. (ii) Special rule In the case of any building for which the low-income housing tax credit is allowable under section 42, the adjusted basis of the building under this section shall be determined without regard to property used in common areas or provided as comparable amenities to all residential rental units in such building. (C) No reduction for depreciation The adjusted basis of any building shall be determined without regard to paragraphs (2) and (3) of section 1016(a). (4) Federal grants not taken into account in determining eligible basis The eligible basis of a building shall not include any costs financed with the proceeds of a Federally funded grant. (5) Credit allowable for certain buildings acquired during 10-year period On application by the taxpayer, the Secretary may waive paragraph (2)(B)(ii) with respect to any building acquired from an insured depository institution in default (as defined in section 3 of the Federal Deposit Insurance Act) or from a receiver or conservator of such an institution. (6) Acquisition of building before end of prior credit period (A) In general Under regulations prescribed by the Secretary, in the case of a building described in subparagraph (B) (or interest therein) which is acquired by the taxpayer— (i) paragraph (2)(B) shall not apply, but (ii) the credit allowable by reason of subsection (a) to the taxpayer for any period after such acquisition shall be equal to the amount of credit which would have been allowable under subsection (a) for such period to the prior owner referred to in subparagraph (B) had such owner not disposed of the building. (B) Description of building A building is described in this subparagraph if— (i) a credit was allowed by reason of subsection (a) to any prior owner of such building, and (ii) the taxpayer acquired such building before the end of the credit period for such building with respect to such prior owner (determined without regard to any disposition by such prior owner). (e) Rehabilitation expenditures treated as separate new building (1) In general Rehabilitation expenditures paid or incurred by the taxpayer with respect to any building shall be treated for purposes of this section as a separate new building. (2) Rehabilitation expenditures For purposes of paragraph (1)— (A) In general The term rehabilitation expenditures means amounts chargeable to capital account and incurred for property (or additions or improvements to property) of a character subject to the allowance for depreciation in connection with the rehabilitation of a building. (B) Cost of acquisition, etc., not included Such term does not include the cost of acquiring any building (or interest therein) or any amount not permitted to be taken into account under paragraph (3) of subsection (d). (C) Certain relocation costs In the case of a rehabilitation of a building to which section 280B does not apply, costs relating to the relocation of occupants, including— (i) amounts paid to occupants, (ii) amounts paid to third parties for services relating to such relocation, and (iii) amounts paid for temporary housing for occupants, shall be treated as chargeable to capital account and taken into account as rehabilitation expenditures. (3) Minimum expenditures to qualify (A) In general Paragraph (1) shall apply to rehabilitation expenditures with respect to any building only if— (i) the expenditures are allocable to 1 or more middle-income units or substantially benefit such units, and (ii) the amount of such expenditures during any 24-month period meets the requirements of whichever of the following subclauses requires the greater amount of such expenditures: (I) The requirement of this subclause is met if such amount is not less than 20 percent of the adjusted basis of the building (determined as of the 1st day of such period and without regard to paragraphs (2) and (3) of section 1016(a)). (II) The requirement of this subclause is met if the qualified basis attributable to such amount, when divided by the number of middle-income units in the building, is equal to or greater than the dollar amount in effect under section 42(e)(3)(A)(ii)(II) for the calendar year in which such expenditures are treated as placed in service under paragraph (4). (B) Date of determination The determination under subparagraph (A) shall be made as of the close of the 1st taxable year in the credit period with respect to such expenditures. (4) Special rules For purposes of applying this section with respect to expenditures which are treated as a separate building by reason of this subsection— (A) such expenditures shall be treated as placed in service at the close of the 24-month period referred to in paragraph (3)(A), and (B) the applicable fraction under subsection (c)(1) shall be the applicable fraction for the building (without regard to paragraph (1)) with respect to which the expenditures were incurred. Nothing in subsection (d)(2) shall prevent a credit from being allowed by reason of this subsection. (5) No double counting Rehabilitation expenditures may, at the election of the taxpayer, be taken into account under this subsection or subsection (d)(2)(A)(i) but not under both such subsections. (6) Regulations to apply subsection with respect to group of units in building The Secretary may prescribe regulations, consistent with the purposes of this subsection, treating a group of units with respect to which rehabilitation expenditures are incurred as a separate new building. (f) Definition and special rules relating to credit period (1) Credit period defined For purposes of this section, the term credit period means, with respect to any building, the period of 15 taxable years beginning with— (A) the taxable year in which the building is placed in service, or (B) at the election of the taxpayer, the succeeding taxable year, but only if the building is a qualified middle-income building as of the close of the 1st year of such period. The election under subparagraph (B), once made, shall be irrevocable. (2) Special rule for 1st year of credit period (A) In general The credit allowable under subsection (a) with respect to any building for the 1st taxable year of the credit period shall be determined by substituting for the applicable fraction under subsection (c)(1) the fraction— (i) the numerator of which is the sum of the applicable fractions determined under subsection (c)(1) as of the close of each full month of such year during which such building was in service, and (ii) the denominator of which is 12. (B) Disallowed 1st-year credit allowed in 16th year Any reduction by reason of subparagraph (A) in the credit allowable (without regard to subparagraph (A)) for the 1st taxable year of the credit period shall be allowable under subsection (a) for the 1st taxable year following the credit period. (3) Determination of applicable percentage with respect to increases in qualified basis after 1st year of credit period (A) In general In the case of any building which was a qualified middle-income building as of the close of the 1st year of the credit period, if— (i) as of the close of any taxable year in the credit period (after the 1st year of such period) the qualified basis of such building, exceeds (ii) the qualified basis of such building as of the close of the 1st year of the credit period, the applicable percentage which shall apply under subsection (a) for the taxable year to such excess shall be the percentage equal to 2/3 of the applicable percentage which (after the application of subsection (h)) would but for this paragraph apply to such basis. (B) 1st year computation applies A rule similar to the rule of paragraph (2)(A) shall apply to any increase in qualified basis to which subparagraph (A) applies for the 1st year of such increase. (4) Dispositions of property If a building (or an interest therein) is disposed of during any year for which credit is allowable under subsection (a), such credit shall be allocated between the parties on the basis of the number of days during such year the building (or interest) was held by each. (5) Credit period for existing buildings not to begin before rehabilitation credit allowed (A) In general The credit period for an existing building shall not begin before the 1st taxable year of the credit period for rehabilitation expenditures with respect to the building. (B) Acquisition credit allowed for certain buildings not allowed a rehabilitation credit (i) In general In the case of a building described in clause (ii)— (I) subsection (d)(2)(B)(iv) shall not apply, and (II) the credit period for such building shall not begin before the taxable year which would be the 1st taxable year of the credit period for rehabilitation expenditures with respect to the building under the modifications described in clause (ii)(II). (ii) Building described A building is described in this clause if— (I) a waiver is granted under subsection (d)(4) with respect to the acquisition of the building, and (II) a credit would be allowed for rehabilitation expenditures with respect to such building if subsection (e)(3)(A)(ii)(I) did not apply and if the dollar amount in effect under subsection (e)(3)(A)(ii)(II) were two-thirds of such amount. (g) Qualified middle-Income housing project For purposes of this section— (1) In general The term qualified middle-income housing project means any project for residential rental property if 60 percent or more of the residential units in such project are both rent-restricted and occupied by individuals whose income is 100 percent or less of area median gross income. For purposes of the preceding sentence, residential units in a building which is not a qualified middle-income building by reason of subsection (c)(2)(B) shall not be taken into account. (2) Rent-restricted units (A) In general For purposes of paragraph (1), a residential unit is rent-restricted if the gross rent with respect to such unit does not exceed 30 percent of the imputed income limitation applicable to such unit. For purposes of the preceding sentence, the amount of the income limitation under paragraph (1) applicable for any period shall not be less than such limitation applicable for the earliest period the building (which contains the unit) was included in the determination of whether the project is a qualified middle-income housing project. (B) Gross rent For purposes of subparagraph (A), gross rent— (i) includes any utility allowance determined by the Secretary after taking into account such determinations under section 8 of the United States Housing Act of 1937, (ii) does not include any fee for a supportive service which is paid to the owner of the unit (on the basis of the middle-income status of the tenant of the unit) by any governmental program of assistance (or by an organization described in section 501(c)(3) and exempt from tax under section 501(a)) if such program (or organization) provides assistance for rent and the amount of assistance provided for rent is not separable from the amount of assistance provided for supportive services, and (iii) does not include any rental payment to the owner of the unit to the extent such owner pays an equivalent amount to the Farmers' Home Administration under section 515 of the Housing Act of 1949. For purposes of clause (ii), the term supportive service means any service provided under a planned program of services designed to enable residents of a residential rental property to remain independent and avoid placement in a hospital, nursing home, or intermediate care facility for the mentally or physically handicapped. (C) Imputed income limitation applicable to unit For purposes of this paragraph, the imputed income limitation applicable to a unit is the income limitation which would apply under paragraph (1) to individuals occupying the unit if the number of individuals occupying the unit were as follows: (i) In the case of a unit which does not have a separate bedroom, 1 individual. (ii) In the case of a unit which has 1 or more separate bedrooms, 1.5 individuals for each separate bedroom. In the case of a project with respect to which a credit is allowable by reason of this section and for which financing is provided by a bond described in section 142(a)(7), the imputed income limitation shall apply in lieu of the otherwise applicable income limitation for purposes of applying section 142(d)(4)(B)(ii). (D) Treatment of units occupied by individuals whose incomes rise above limit (i) In general Except as provided in clause (ii), notwithstanding an increase in the income of the occupants of a middle-income unit above the income limitation applicable under paragraph (1), such unit shall continue to be treated as a middle-income unit if the income of such occupants initially met such income limitation and such unit continues to be rent-restricted. (ii) Next available unit must be rented to middle-income tenant if income rises above 140 percent of income limit If the income of the occupants of the unit increases above 140 percent of the income limitation applicable under paragraph (1), clause (i) shall cease to apply to such unit if any residential rental unit in the building (of a size comparable to, or smaller than, such unit) is occupied by a new resident whose income exceeds such income limitation. (3) Date for meeting requirements (A) In general Except as otherwise provided in this paragraph, a building shall be treated as a qualified middle-income building only if the project (of which such building is a part) meets the requirements of paragraph (1) not later than the close of the 1st year of the credit period for such building. (B) Buildings which rely on later buildings for qualification (i) In general In determining whether a building (hereinafter in this subparagraph referred to as the prior building ) is a qualified middle-income building, the taxpayer may take into account 1 or more additional buildings placed in service during the 12-month period described in subparagraph (A) with respect to the prior building only if the taxpayer elects to apply clause (ii) with respect to each additional building taken into account. (ii) Treatment of elected buildings In the case of a building which the taxpayer elects to take into account under clause (i), the period under subparagraph (A) for such building shall end at the close of the 12-month period applicable to the prior building. (iii) Date prior building is treated as placed in service For purposes of determining the credit period for the prior building, the prior building shall be treated for purposes of this section as placed in service on the most recent date any additional building elected by the taxpayer (with respect to such prior building) was placed in service. (C) Special rule A building— (i) other than the 1st building placed in service as part of a project, and (ii) other than a building which is placed in service during the 12-month period described in subparagraph (A) with respect to a prior building which becomes a qualified middle-income building, shall in no event be treated as a qualified middle-income building unless the project is a qualified middle-income housing project (without regard to such building) on the date such building is placed in service. (D) Projects with more than 1 building must be identified For purposes of this section, a project shall be treated as consisting of only 1 building unless, before the close of the 1st calendar year in the project period (as defined in subsection (h)(1)(F)(ii)), each building which is (or will be) part of such project is identified in such form and manner as the Secretary may provide. (4) Certain rules made applicable Paragraphs (2) (other than subparagraph (A) thereof), (3), and (7) of section 142(d), and section 6652(j), shall apply for purposes of determining whether any project is a qualified middle-income housing project and whether any unit is a middle-income unit; except that, in applying such provisions for such purposes— (A) the term gross rent shall have the meaning given such term by paragraph (2)(B) of this subsection, and (B) the term applicable income limit means the limitation under paragraph (1) of this subsection. (5) Election to treat building after credit period as not part of a project For purposes of this section, the taxpayer may elect to treat any building as not part of a qualified middle-income housing project for any period beginning after the credit period for such building. (6) Special rule where de minimis equity contribution Property shall not be treated as failing to be residential rental property for purposes of this section merely because the occupant of a residential unit in the project pays (on a voluntary basis) to the lessor a de minimis amount to be held toward the purchase by such occupant of a residential unit in such project if— (A) all amounts so paid are refunded to the occupant on the cessation of his occupancy of a unit in the project, and (B) the purchase of the unit is not permitted until after the close of the credit period with respect to the building in which the unit is located. Any amount paid to the lessor as described in the preceding sentence shall be included in gross rent under paragraph (2) for purposes of determining whether the unit is rent-restricted. (7) Scattered site projects Buildings which would (but for their lack of proximity) be treated as a project for purposes of this section shall be so treated if all of the dwelling units in each of the buildings are rent-restricted (within the meaning of paragraph (2)) residential rental units. (8) Waiver of certain recertifications On application by the taxpayer, the Secretary may waive any annual recertification of tenant income for purposes of this subsection, if the entire building is occupied by middle-income tenants. (9) Clarification of general public use requirement A project does not fail to meet the general public use requirement solely because of occupancy restrictions or preferences that favor tenants— (A) with special needs, or (B) who are members of a specified group under a Federal program or State program or policy that supports housing for such a specified group. (h) Limitation on aggregate credit allowable with respect to projects located in a State (1) Credit may not exceed credit amount allocated to building (A) In general The amount of the credit determined under this section for any taxable year with respect to any building shall not exceed the housing credit dollar amount allocated to such building under this subsection. (B) Time for making allocation Except in the case of an allocation which meets the requirements of subparagraph (C), (D), (E), or (F), an allocation shall be taken into account under subparagraph (A) only if it is made not later than the close of the calendar year in which the building is placed in service. (C) Exception where binding commitment An allocation meets the requirements of this subparagraph if there is a binding commitment (not later than the close of the calendar year in which the building is placed in service) by the housing credit agency to allocate a specified housing credit dollar amount to such building beginning in a specified later taxable year. (D) Exception where increase in qualified basis (i) In general An allocation meets the requirements of this subparagraph if such allocation is made not later than the close of the calendar year in which ends the taxable year to which it will 1st apply but only to the extent the amount of such allocation does not exceed the limitation under clause (ii). (ii) Limitation The limitation under this clause is the amount of credit allowable under this section (without regard to this subsection) for a taxable year with respect to an increase in the qualified basis of the building equal to the excess of— (I) the qualified basis of such building as of the close of the 1st taxable year to which such allocation will apply, over (II) the qualified basis of such building as of the close of the 1st taxable year to which the most recent prior housing credit allocation with respect to such building applied. (iii) Housing credit dollar amount reduced by full allocation Notwithstanding clause (i), the full amount of the allocation shall be taken into account under paragraph (2). (E) Exception where 10 percent of cost incurred (i) In general An allocation meets the requirements of this subparagraph if such allocation is made with respect to a qualified building which is placed in service not later than the close of the second calendar year following the calendar year in which the allocation is made. (ii) Qualified building For purposes of clause (i), the term qualified building means any building which is part of a project if the taxpayer's basis in such project (as of the date which is 1 year after the date that the allocation was made) is more than 10 percent of the taxpayer's reasonably expected basis in such project (as of the close of the second calendar year referred to in clause (i)). Such term does not include any existing building unless a credit is allowable under subsection (e) for rehabilitation expenditures paid or incurred by the taxpayer with respect to such building for a taxable year ending during the second calendar year referred to in clause (i) or the prior taxable year. (F) Allocation of credit on a project basis (i) In general In the case of a project which includes (or will include) more than 1 building, an allocation meets the requirements of this subparagraph if— (I) the allocation is made to the project for a calendar year during the project period, (II) the allocation only applies to buildings placed in service during or after the calendar year for which the allocation is made, and (III) the portion of such allocation which is allocated to any building in such project is specified not later than the close of the calendar year in which the building is placed in service. (ii) Project period For purposes of clause (i), the term project period means the period— (I) beginning with the 1st calendar year for which an allocation may be made for the 1st building placed in service as part of such project, and (II) ending with the calendar year the last building is placed in service as part of such project. (2) Allocated credit amount to apply to all taxable years ending during or after credit allocation year Any housing credit dollar amount allocated to any building for any calendar year— (A) shall apply to such building for all taxable years in the credit period ending during or after such calendar year, and (B) shall reduce the aggregate housing credit dollar amount of the allocating agency only for such calendar year. (3) Housing credit dollar amount for agencies (A) In general The aggregate housing credit dollar amount which a housing credit agency may allocate for any calendar year is the portion of the State housing credit ceiling allocated under this paragraph for such calendar year to such agency. (B) State ceiling initially allocated to State housing credit agencies Except as provided in subparagraph (D), the State housing credit ceiling for each calendar year shall be allocated to the housing credit agency of such State. If there is more than 1 housing credit agency of a State, all such agencies shall be treated as a single agency. (C) State housing credit ceiling The State housing credit ceiling applicable to any State for any calendar year shall be an amount equal to the sum of— (i) the greater of— (I) $1.00 multiplied by the State population, or (II) $1,140,000, plus (ii) the amount of State housing credit ceiling returned in the calendar year. For purposes of clause (ii), the amount of State housing credit ceiling returned in the calendar year equals the housing credit dollar amount previously allocated within the State to any project which fails to meet the 10 percent test under paragraph (1)(E)(ii) on a date after the close of the calendar year in which the allocation was made or which does not become a qualified middle-income housing project within the period required by this section or the terms of the allocation or to any project with respect to which an allocation is cancelled by mutual consent of the housing credit agency and the allocation recipient. (D) State may provide for different allocation Rules similar to the rules of section 146(e) (other than paragraph (2)(B) thereof) shall apply for purposes of this paragraph. (E) Population For purposes of this paragraph, population shall be determined in accordance with section 146(j). (F) Cost-of-living adjustment (i) In general In the case of a calendar year after 2022, the $1,140,000 and $1.00 amounts in subparagraph (C) 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 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (ii) Rounding (I) In the case of the $1,140,000 amount, any increase under clause (i) which is not a multiple of $5,000 shall be rounded to the next lowest multiple of $5,000. (II) In the case of the $1.00 amount, any increase under clause (i) which is not a multiple of 5 cents shall be rounded to the next lowest multiple of 5 cents. (4) Portion of State ceiling set-aside for certain projects involving qualified nonprofit organizations (A) In general Not more than 90 percent of the State housing credit ceiling (determined without regard to paragraph (7)) for any State for any calendar year shall be allocated to projects other than qualified middle-income housing projects described in subparagraph (B). (B) Projects involving qualified nonprofit organizations For purposes of subparagraph (A), a qualified middle-income housing project is described in this subparagraph if a qualified nonprofit organization is to own an interest in the project (directly or through a partnership) and materially participate (within the meaning of section 469(h)) in the development and operation of the project throughout the credit period. (C) Qualified nonprofit organization For purposes of this paragraph, the term qualified nonprofit organization means any organization if— (i) such organization is described in paragraph (3) or (4) of section 501(c) and is exempt from tax under section 501(a), (ii) such organization is determined by the State housing credit agency not to be affiliated with or controlled by a for-profit organization; and (iii) one of the exempt purposes of such organization includes the fostering of middle-income housing. (D) Treatment of certain subsidiaries (i) In general For purposes of this paragraph, a qualified nonprofit organization shall be treated as satisfying the ownership and material participation test of subparagraph (B) if any qualified corporation in which such organization holds stock satisfies such test. (ii) Qualified corporation For purposes of clause (i), the term qualified corporation means any corporation if 100 percent of the stock of such corporation is held by 1 or more qualified nonprofit organizations at all times during the period such corporation is in existence. (E) State may not override set-aside Nothing in subparagraph (E) of paragraph (3) shall be construed to permit a State not to comply with subparagraph (A) of this paragraph. (5) Buildings eligible for credit only if minimum long-term commitment to middle-income housing (A) In general No credit shall be allowed by reason of this section with respect to any building for the taxable year unless an extended middle-income housing commitment is in effect as of the end of such taxable year. (B) Extended middle-income housing commitment For purposes of this paragraph, the term extended middle-income housing commitment means any agreement between the taxpayer and the housing credit agency— (i) which requires that the applicable fraction (as defined in subsection (c)(1)) for the building for each taxable year in the extended use period will not be less than the applicable fraction specified in such agreement and which prohibits the actions described in subclauses (I) and (II) of subparagraph (E)(ii), (ii) which allows individuals who meet the income limitation applicable to the building under subsection (g) (whether prospective, present, or former occupants of the building) the right to enforce in any State court the requirement and prohibitions of clause (i), (iii) which prohibits the disposition to any person of any portion of the building to which such agreement applies unless all of the building to which such agreement applies is disposed of to such person, (iv) which prohibits the refusal to lease to a holder of a voucher or certificate of eligibility under section 8 of the United States Housing Act of 1937 because of the status of the prospective tenant as such a holder, (v) which is binding on all successors of the taxpayer, and (vi) which, with respect to the property, is recorded pursuant to State law as a restrictive covenant. (C) Allocation of credit may not exceed amount necessary to support commitment The housing credit dollar amount allocated to any building may not exceed the amount necessary to support the applicable fraction specified in the extended middle-income housing commitment for such building, including any increase in such fraction pursuant to the application of subsection (f)(3) if such increase is reflected in an amended middle-income housing commitment. (D) Extended use period For purposes of this paragraph, the term extended use period means the period— (i) beginning on the 1st day in the credit period on which such building is part of a qualified middle-income housing project, and (ii) ending on the later of— (I) the date specified by such agency in such agreement, or (II) the date which is 15 years after the close of the credit period. (E) Exceptions if foreclosure or if no buyer willing to maintain middle-income status (i) In general The extended use period for any building shall terminate on the date the building is acquired by foreclosure (or instrument in lieu of foreclosure) unless the Secretary determines that such acquisition is part of an arrangement with the taxpayer a purpose of which is to terminate such period. (ii) Eviction, etc., of existing middle-income tenants not permitted The termination of an extended use period under clause (i) shall not be construed to permit before the close of the 3-year period following such termination— (I) the eviction or the termination of tenancy (other than for good cause) of an existing tenant of any middle-income unit, or (II) any increase in the gross rent with respect to such unit not otherwise permitted under this section. (F) Effect of noncompliance If, during a taxable year, there is a determination that an extended middle-income housing agreement was not in effect as of the beginning of such year, such determination shall not apply to any period before such year and subparagraph (A) shall be applied without regard to such determination if the failure is corrected within 1 year from the date of the determination. (G) Projects which consist of more than 1 building The application of this paragraph to projects which consist of more than 1 building shall be made under regulations prescribed by the Secretary. (6) Special rules (A) Building must be located within jurisdiction of credit agency A housing credit agency may allocate its aggregate housing credit dollar amount only to buildings located in the jurisdiction of the governmental unit of which such agency is a part. (B) Agency allocations in excess of limit If the aggregate housing credit dollar amounts allocated by a housing credit agency for any calendar year exceed the portion of the State housing credit ceiling allocated to such agency for such calendar year, the housing credit dollar amounts so allocated shall be reduced (to the extent of such excess) for buildings in the reverse of the order in which the allocations of such amounts were made. (C) Credit reduced if allocated credit dollar amount is less than credit which would be allowable without regard to placed in service convention, etc (i) In general The amount of the credit determined under this section with respect to any building shall not exceed the clause (ii) percentage of the amount of the credit which would (but for this subparagraph) be determined under this section with respect to such building. (ii) Determination of percentage For purposes of clause (i), the clause (ii) percentage with respect to any building is the percentage which— (I) the housing credit dollar amount allocated to such building, bears to (II) the credit amount determined in accordance with clause (iii). (iii) Determination of credit amount The credit amount determined in accordance with this clause is the amount of the credit which would (but for this subparagraph) be determined under this section with respect to the building if— (I) this section were applied without regard to paragraphs (2)(A) and (3)(B) of subsection (f), and (II) subsection (f)(3)(A) were applied without regard to the percentage equal to 2/3 of . (D) Housing credit agency to specify applicable percentage and maximum qualified basis In allocating a housing credit dollar amount to any building, the housing credit agency shall specify the applicable percentage and the maximum qualified basis which may be taken into account under this section with respect to such building. The applicable percentage and maximum qualified basis so specified shall not exceed the applicable percentage and qualified basis determined under this section without regard to this subsection. (7) Increase in State ceiling dedicated to certain rural development projects (A) In general The State housing credit ceiling for any calendar year shall be increased by an amount equal to 5 percent of the amount determined under paragraph (3)(C)(i). (B) Use of increased amount The amount of the increase under subparagraph (A) for any calendar year may only be allocated to buildings located in a rural area (as defined in section 42(d)(5)(B)(iii)(IV)). (8) Other definitions For purposes of this subsection— (A) Housing credit agency The term housing credit agency means any agency authorized to carry out this subsection. (B) Possessions treated as States The term State includes a possession of the United States. (9) Credit for buildings financed by tax-exempt bonds subject to volume cap not taken into account Rules similar to the rules of subsections (h)(4), (m)(1)(D), and (m)(2)(D) of section 42 shall apply for purposes of this subsection. (i) Definitions and special rules For purposes of this section— (1) Middle-income unit (A) In general The term middle-income unit means any unit in a building if— (i) such unit is rent-restricted (as defined in subsection (g)(2)), and (ii) the individuals occupying such unit meet the income limitation applicable under subsection (g)(1) to the project of which such building is a part. (B) Exceptions (i) Exclusion of low-income units A unit shall not be treated as a middle-income unit if such unit is a low-income unit (as defined under section 42(i)(3)). (ii) Unit must be suitable for permanent occupancy (I) In general A unit shall not be treated as a middle-income unit unless the unit is suitable for occupancy and used other than on a transient basis. (II) Suitability for occupancy For purposes of subclause (I), the suitability of a unit for occupancy shall be determined under regulations prescribed by the Secretary taking into account local health, safety, and building codes. (III) Single-room occupancy units For purposes of subclause (I), a single-room occupancy unit shall not be treated as used on a transient basis merely because it is rented on a month-by-month basis. (C) Special rule for buildings having 4 or fewer units In the case of any building which has 4 or fewer residential rental units, no unit in such building shall be treated as a middle-income unit if the units in such building are owned by— (i) any individual who occupies a residential unit in such building, or (ii) any person who is related (as defined in subsection (d)(2)(D)(ii)) to such individual. (D) Rules relating to students (i) In general A unit occupied solely by individuals who— (I) have not attained age 24, and (II) are enrolled in a full-time course of study at an institution of higher education (as defined in section 3304(f)), shall not be treated as a middle-income unit. (ii) Exceptions Clause (i) shall not apply to a unit occupied by an individual who— (I) is married, if such individual's spouse also occupies the unit, (II) is a person with disabilities (as defined in section 3(b)(3)(E) of the United States Housing Act of 1937), (III) is a veteran (as defined in section 101(2) of title 38, United States Code), (IV) has one or more qualifying children (as defined in section 152(c)), if such children also occupy the unit, the individual is not a dependent (as defined in section 152, determined without regard to subsections (b)(1), (b)(2), and (d)(1)(B) thereof) of another individual, and such children are not claimed as dependents (as so defined) of another individual, or (V) is, or was immediately prior to attaining the age of majority— (aa) an emancipated minor or in legal guardianship as determined by a court of competent jurisdiction in the individual's State of legal residence, (bb) under the care and placement responsibility of the State agency responsible for administering a plan under part B or part E of title IV of the Social Security Act, or (cc) was an unaccompanied youth (within the meaning of section 725(6) of the McKinney-Vento Homeless Assistance Act ( 42 U.S.C. 11434a(6) )) or a homeless child or youth (within the meaning of section 725(2) of such Act ( 42 U.S.C. 11434a(2) )). (E) Owner-occupied buildings having 4 or fewer units eligible for credit where development plan (i) In general Subparagraph (C) shall not apply to the acquisition or rehabilitation of a building pursuant to a development plan of action sponsored by a State or local government or a qualified nonprofit organization. (ii) Limitation on credit In the case of a building to which clause (i) applies, the applicable fraction shall not exceed 80 percent of the unit fraction. (iii) Certain unrented units treated as owner-occupied In the case of a building to which clause (i) applies, any unit which is not rented for 90 days or more shall be treated as occupied by the owner of the building as of the 1st day it is not rented. (2) New building The term new building means a building the original use of which begins with the taxpayer. (3) Existing building The term existing building means any building which is not a new building. (4) Application to estates and trusts In the case of an estate or trust, the amount of the credit determined under subsection (a) shall be apportioned between the estate or trust and the beneficiaries on the basis of the income of the estate or trust allocable to each. (5) Impact of tenant's option to acquire property (A) In general No Federal income tax benefit shall fail to be allowable to the taxpayer with respect to any qualified middle-income building merely by reason of an option held by the tenants (in cooperative form or otherwise) or resident management corporation of such building or by a qualified nonprofit organization or government agency to purchase the property or all of the partnership interests (other than interests of the person exercising such option or a related party thereto (within the meaning of section 267(b) or 707(b)(1))) relating to the property after the close of the credit period for a price which is not less than the minimum purchase price determined under subparagraph (B). (B) Minimum purchase price For purposes of subparagraph (A), the minimum purchase price under this subparagraph is an amount equal to the principal amount of outstanding indebtedness secured by the building (other than indebtedness incurred within the 5-year period ending on the date of the sale to the tenants). In the case of a purchase of a partnership interest, the minimum purchase price is an amount equal to such interest's ratable share of the amount determined under the preceding sentence. (6) Treatment of rural projects For purposes of this section, in the case of any project for residential rental property located in a rural area (as defined in section 520 of the Housing Act of 1949), any income limitation measured by reference to area median gross income shall be measured by reference to the greater of area median gross income or national non-metropolitan median income. (7) Determination of whether building is Federally subsidized (A) In general Except as otherwise provided in this paragraph, for purposes of this section, a project shall be treated as Federally subsidized for any taxable year if, at any time during such taxable year or any prior taxable year, there is or was outstanding any obligation the interest on which is exempt from tax under section 103 the proceeds of which are or were used (directly or indirectly) with respect to such project or the operation thereof. (B) Special rule for subsidized construction financing Subparagraph (A) shall not apply to any tax-exempt obligation used to provide construction financing for any building if— (i) such obligation (when issued) identified the building for which the proceeds of such obligation would be used, and (ii) such obligation is redeemed before such building is placed in service. (8) Reduction in basis In the case of any building for which a credit is allowable under this section and section 42, the basis of the building shall be reduced by the amount of such credit allowed under subsection (a). (j) Application of at-Risk rules For purposes of this section— (1) In general Except as otherwise provided in this subsection, rules similar to the rules of section 49(a)(1) (other than subparagraphs (D)(ii)(II) and (D)(iv)(I) thereof), section 49(a)(2), and section 49(b)(1) shall apply in determining the qualified basis of any building in the same manner as such sections apply in determining the credit base of property. (2) Special rules for determining qualified person For purposes of paragraph (1)— (A) In general If the requirements of subparagraphs (B), (C), and (D) are met with respect to any financing borrowed from a qualified nonprofit organization, the determination of whether such financing is qualified commercial financing with respect to any qualified middle-income building shall be made without regard to whether such organization— (i) is actively and regularly engaged in the business of lending money, or (ii) is a person described in section 49(a)(1)(D)(iv)(II). (B) Financing secured by property The requirements of this subparagraph are met with respect to any financing if such financing is secured by the qualified middle-income building, except that this subparagraph shall not apply in the case of a federally assisted building described in subsection (d)(5)(B) if— (i) a security interest in such building is not permitted by a Federal agency holding or insuring the mortgage secured by such building, and (ii) the proceeds from the financing (if any) are applied to acquire or improve such building. (C) Portion of building attributable to financing The requirements of this subparagraph are met with respect to any financing for any taxable year in the credit period if, as of the close of such taxable year, not more than 60 percent of the eligible basis of the qualified middle-income building is attributable to such financing (reduced by the principal and interest of any governmental financing which is part of a wrap-around mortgage involving such financing). (D) Repayment of principal and interest The requirements of this subparagraph are met with respect to any financing if such financing is fully repaid on or before the earliest of— (i) the date on which such financing matures, (ii) the 90th day after the close of the credit period with respect to the qualified middle-income building, or (iii) the date of its refinancing or the sale of the building to which such financing relates. In the case of a qualified nonprofit organization which is not described in section 49(a)(1)(D)(iv)(II) with respect to a building, clause (ii) of this subparagraph shall be applied as if the date described therein were the 90th day after the earlier of the date the building ceases to be a qualified middle-income building or the date which is 15 years after the close of a credit period with respect thereto. (3) Present value of financing If the rate of interest on any financing described in paragraph (2)(A) is less than the rate which is 1 percentage point below the applicable Federal rate as of the time such financing is incurred, then the qualified basis (to which such financing relates) of the qualified middle-income building shall be the present value of the amount of such financing, using as the discount rate such applicable Federal rate. For purposes of the preceding sentence, the rate of interest on any financing shall be determined by treating interest to the extent of government subsidies as not payable. (4) Failure to fully repay (A) In general To the extent that the requirements of paragraph (2)(D) are not met, then the taxpayer's tax under this chapter for the taxable year in which such failure occurs shall be increased by an amount equal to the applicable portion of the credit under this section with respect to such building, increased by an amount of interest for the period— (i) beginning with the due date for the filing of the return of tax imposed by chapter 1 for the 1st taxable year for which such credit was allowable, and (ii) ending with the due date for the taxable year in which such failure occurs, determined by using the underpayment rate and method under section 6621. (B) Applicable portion For purposes of subparagraph (A), the term applicable portion means the aggregate decrease in the credits allowed to a taxpayer under section 38 for all prior taxable years which would have resulted if the eligible basis of the building were reduced by the amount of financing which does not meet requirements of paragraph (2)(D). (C) Certain rules to apply Rules similar to the rules of subparagraphs (A) and (D) of section 42(j)(4) shall apply for purposes of this subsection. (k) 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 middle-income 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 taxable year, and calendar year, in which such building was placed in service, (B) the adjusted basis and eligible basis of such building as of the close of the 1st year of the credit period, (C) the maximum applicable percentage and qualified basis permitted to be taken into account by the appropriate housing credit agency under subsection (h), and (D) 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 qualified basis for the taxable year of each qualified middle-income building of the taxpayer, (B) the information described in paragraph (1)(C) for the taxable year, and (C) 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 housing credit agencies Each agency which allocates any housing credit amount to any building 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— (A) the amount of housing credit amount allocated to each building for such year, (B) sufficient information to identify each such building and the taxpayer with respect thereto, and (C) such other information as the Secretary may require. The penalty under section 6652(j) shall apply to any failure to submit the report required by the preceding sentence on the date prescribed therefor. (l) Responsibilities of housing credit agencies (1) Plans for allocation of credit among projects (A) In general Notwithstanding any other provision of this section, the housing credit dollar amount with respect to any building shall be zero unless— (i) such amount was allocated pursuant to a qualified allocation plan of the housing credit agency which is approved by the governmental unit (in accordance with rules similar to the rules of section 42(m)(1)) of which such agency is a part, (ii) a comprehensive market study of the housing needs of middle-income individuals in the area to be served by the project is conducted before the credit allocation is made and at the developer's expense by a disinterested party who is approved by such agency, and (iii) a written explanation is available to the general public for any allocation of a housing credit dollar amount which is not made in accordance with established priorities and selection criteria of the housing credit agency. (B) Qualified allocation plan For purposes of this paragraph, the term qualified allocation plan means any plan— (i) which sets forth selection criteria to be used to determine housing priorities of the housing credit agency which are appropriate to local conditions, (ii) which also gives preference in allocating housing credit dollar amounts among selected projects to— (I) projects obligated to serve qualified tenants for the longest periods, (II) projects in areas where rents are unaffordable to median income households, (III) projects which target housing to tenants at a range of incomes between 60 and 100 percent of area median gross income, and (IV) projects located near transit hubs, and (iii) which provides a procedure that the agency (or an agent or other private contractor of such agency) will follow in monitoring for noncompliance with the provisions of this section and in notifying the Internal Revenue Service of such noncompliance which such agency becomes aware of and in monitoring for noncompliance with habitability standards through regular site visits. (C) Certain selection criteria must be used The selection criteria set forth in a qualified allocation plan must include— (i) project location, (ii) housing needs characteristics, (iii) project characteristics, including whether the project includes the use of existing housing as part of a community revitalization plan, (iv) sponsor characteristics, (v) tenant populations with special housing needs, (vi) tenant populations of individuals with children, (vii) projects intended for eventual tenant ownership, (viii) the energy efficiency of the project, and (ix) the historic nature of the project. (D) Certain selection criteria prohibited The selection criteria set forth in a qualified allocation plan shall not include a requirement of local approval or local contributions, either as a threshold qualification requirement or as part of a point system to be considered for allocations of housing credit dollar amount. (2) Credit allocated to building not to exceed amount necessary to assure project feasibility (A) In general The housing credit dollar amount allocated to a project shall not exceed the amount the housing credit agency determines is necessary for the financial feasibility of the project and its viability as a qualified middle-income housing project throughout the credit period. (B) Agency evaluation In making the determination under subparagraph (A), the housing credit agency shall consider— (i) the sources and uses of funds and the total financing planned for the project, (ii) any proceeds or receipts expected to be generated by reason of tax benefits, (iii) the percentage of the housing credit dollar amount used for project costs other than the cost of intermediaries, and (iv) the reasonableness of the developmental and operational costs of the project. Clause (iii) shall not be applied so as to impede the development of projects in hard-to-develop areas. Such a determination shall not be construed to be a representation or warranty as to the feasibility or viability of the project. (C) Determination made when credit amount applied for and when building placed in service (i) In general A determination under subparagraph (A) shall be made as of each of the following times: (I) The application for the housing credit dollar amount. (II) The allocation of the housing credit dollar amount. (III) The date the building is placed in service. (ii) Certification as to amount of other subsidies Prior to each determination under clause (i), the taxpayer shall certify to the housing credit agency the full extent of all Federal, State, and local subsidies which apply (or which the taxpayer expects to apply) with respect to the building. (m) Regulations The Secretary shall prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section, including regulations— (1) dealing with— (A) projects which include more than 1 building or only a portion of a building, or (B) buildings which are placed in service in portions, (2) providing for the application of this section to short taxable years, (3) preventing the avoidance of the rules of this section, and (4) providing the opportunity for housing credit agencies to correct administrative errors and omissions with respect to allocations and record keeping within a reasonable period after their discovery, taking into account the availability of regulations and other administrative guidance from the Secretary. . (b) Treatment as part of general business credit Section 38(b) of the Internal Revenue Code of 1986 is amended by striking plus at the end of paragraph (32), by striking the period at the end of paragraph (33) and inserting , plus , and by adding at the end the following new paragraph: (34) the middle-income housing credit determined under section 42A(a). . (c) Unused allocations carried over to low-Income housing credit (1) In general Clause (i) of section 42(h)(3)(C) of the Internal Revenue Code of 1986 is amended— (A) by striking the unused and inserting the sum of— (I) the unused , (B) by inserting plus after calendar year, , and (C) by adding at the end the following new subclause: (II) the unused middle-income State housing credit (if any) of such State for the preceding calendar year, . (2) Unused middle-income State housing credit The second sentence of section 42(h)(3)(C) of such Code is amended by inserting , and the unused middle-income State housing credit for any calendar year is the excess (if any) of the amount described in section 42A(h)(3)(C) (after application of section 42A(h)(7)) for such State over the aggregate amount of middle-income housing credit dollar amount allocated by such State under section 42A for such year after for such year . (3) Unused middle income State housing credit included in carryover allocation Section 42(h)(3)(D)(ii) of such Code is amended— (A) by inserting the sum of after is the excess (if any) of ; and (B) by inserting plus the unused middle-income State housing credit (as so defined) after as defined in subparagraph (C)(i)) . (d) Reduction in basis Section 1016(a) of the Internal Revenue Code of 1986 is amended— (1) by striking and at the end of paragraph (37); (2) by redesignating paragraph (38) as paragraph (39); and (3) by inserting after paragraph (37) the following new paragraph: (38) to the extent provided in section 42A(i)(8), and . (e) Conforming amendments (1) Section 55(c)(1) of the Internal Revenue Code of 1986 is amended by inserting 42A(j), before 45(e)(11)(C) . (2) Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of section 469 of such Code are each amended by inserting or 42A after 42 . (3) The table of sections for subpart D of part IV of subchapter A of chapter 1 of such Code is amended by inserting after the item relating to section 42 the following new item: Sec. 42A. Middle-income housing credit. . (f) Effective date The amendments made by this section shall apply to taxable years ending after the date of the enactment of this Act. 217. Neighborhood homes credit (a) In general Subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 216, is further amended by inserting after section 42A the following new section: 42B. Neighborhood homes credit (a) Allowance of credit For purposes of section 38, the amount of the neighborhood homes credit determined under this section for a taxable year for a qualified project shall be, with respect to each qualified residence that is part of such qualified project and with respect to which there is a qualified completion event during such taxable year, an amount equal to— (1) in the case of an affordable sale, with respect to the seller, the excess of— (A) the qualified development cost incurred by such seller for such qualified residence, over (B) the sale price of such qualified residence, or (2) in the case of any rehabilitation described in subsection (f)(5)(B), with respect to a taxpayer other than the owner of the qualified residence (or a related person with respect to such owner), the excess of— (A) the qualified development cost incurred by such taxpayer for such qualified residence, over (B) the amount received by such taxpayer as payment for such rehabilitation. (b) Limitations (1) Amount The amount determined under subsection (a) with respect to a qualified residence shall not exceed 35 percent of the lesser of— (A) the qualified development cost, reduced by so much of the amount described in subsection (c)(2)(B) as exceeds an amount equal to 75 percent of the costs described in subsection (c)(2)(A), or (B) 80 percent of the national median sale price for new homes (as determined pursuant to the most recent census data available as of the date on which the neighborhood homes credit agency makes an allocation for the qualified project). (2) Allocations (A) In general The amount determined under subsection (a) with respect to a qualified residence that is part of a qualified project and with respect to which there is a qualified completion event shall not exceed the excess of— (i) the amount determined under subparagraph (B), over (ii) the amounts previously determined under subsection (a) with respect to such qualified project. (B) Allocation amount The amount determined under this paragraph with respect to a qualified residence that is part of a qualified project and with respect to which there is a qualified completion event is the least of— (i) the amount allocated to such project by the neighborhood homes credit agency under this section, (ii) pursuant to subparagraph (C), the amount such agency determines at the time of the qualified completion event is necessary to ensure the financial feasibility of the project, or (iii) in the case of a qualified completion event that occurs after the 5-year period beginning on the date of the allocation referred to in clause (i), $0. (C) Financial feasibility For purposes of subparagraph (B)(ii), the neighborhood homes credit agency shall consider— (i) the sources and uses of funds and the total financing planned for the qualified project, (ii) any proceeds or receipts expected to be generated by reason of tax benefits, (iii) the percentage of the amount allocated to such project under this section used for project costs other than the cost of intermediaries, and (iv) the reasonableness of the qualified development cost of the qualified project. (c) Qualified development cost For purposes of this section— (1) In general The term qualified development cost means, with respect to a qualified residence, so much of the allowable development cost as the neighborhood homes credit agency certifies, at the time of the completion event, meets the standards promulgated under subsection (h)(1)(C). (2) Allowable development cost The term allowable development cost means— (A) any costs and fees relating to construction, substantial rehabilitation, demolition of any structure, or environmental remediation, and (B) in the case of an affordable sale, the adjusted basis of buildings and land, determined as of the date of acquisition. (3) Condominium and cooperative housing units In the case of a qualified residence described in subparagraph (B) or (C) of subsection (f)(1), the allowable development cost of such qualified residence shall be an amount equal to the total allowable development cost of the entire condominium or cooperative housing property in which such qualified residence is located, multiplied by a fraction— (A) the numerator of which is the total floor space of such qualified residence, and (B) the denominator of which is the total floor space of all residences within such property. (d) Qualified project For purposes of this section, the term qualified project means a project that— (1) a neighborhood homes credit agency certifies will build or substantially rehabilitate one or more qualified residences located in one or more qualified census tracts, and (2) is designated by such agency as a qualified project under this section and is allocated (before such building or substantial rehabilitation begins) a portion of the amount allocated to such agency under subsection (g). (e) Qualified census tract For purposes of this section— (1) In general The term qualified census tract means a census tract— (A) with— (i) a median gross income which does not exceed 80 percent of the applicable area median gross income, (ii) a poverty rate that is not less than 130 percent of the applicable area poverty rate, and (iii) a median value for owner-occupied homes that does not exceed applicable area median value for owner-occupied homes, (B) which is located in a city with a population of not less than 50,000 and a poverty rate that is not less than 150 percent of the applicable area poverty rate, and which has— (i) a median gross income which does not exceed the applicable area median gross income, and (ii) a median value for owner-occupied homes that does not exceed 80 percent of the applicable area median value for owner-occupied homes, or (C) which is located in a nonmetropolitan county and which has— (i) a median gross income which does not exceed the applicable area median gross income, and (ii) been designated by a neighborhood homes credit agency under this clause. (2) Additional census tracts for substantial rehabilitation In the case of a qualified residence that is intended for substantial rehabilitation described in subsection (f)(5)(B), the term qualified census tract includes a census tract which is located within an area— (A) with respect to which a major disaster has been declared by the President, not more than 3 years before the date on which the neighborhood homes credit agency makes an allocation for a qualified project within such census tract, under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, and (B) which contains qualified residences for which there are qualified development costs related to such major disaster. (3) List of qualified census tracts The Secretary of Housing and Urban Development shall, for each year, make publicly available a list of qualified census tracts under— (A) on a combined basis, subparagraphs (A) and (B) of paragraph (1), (B) subparagraph (C) of such paragraph, and (C) paragraph (2). (f) Other definitions For purposes of this section— (1) Qualified residence The term qualified residence means a residence that consists of— (A) a single-family home, including manufactured homes or similar housing units, containing 4 or fewer residential units, (B) a condominium unit, or (C) a house or an apartment owned by a cooperative housing corporation (as defined in section 216(b)(1)). (2) Affordable sale (A) In general (i) In general The term affordable sale means a sale to a qualified homeowner of a qualified residence that the neighborhood homes credit agency certifies as meeting the standards promulgated under subsection (h)(1)(D) for a price that does not exceed— (I) in the case of any qualified residence not described in subclause (II), (III), or (IV), the amount equal to the product of 4 multiplied by the applicable area median gross income, (II) in the case of a single-family home containing two residential units, 125 percent of the amount described in subclause (I), (III) in the case of a single-family home containing three residential units, 150 percent of the amount described in subclause (I), or (IV) in the case of a single-family home containing four residential units, 175 percent of the amount described in subclause (I). (ii) Related persons (I) In general A sale between related persons shall not be treated as an affordable sale. (II) Definition For purposes of this section, a person (in this clause referred to as the related person ) is related to any person if the related person bears a relationship to such person specified in section 267(b) or 707(b)(1), or the related person and such person are engaged in trades or businesses under common control (within the meaning of subsections (a) and (b) of section 52). For purposes of the preceding sentence, in applying section 267(b) or 707(b)(1), 10 percent shall be substituted for 50 percent . (3) Applicable area The term applicable area means— (A) in the case of a metropolitan census tract, the metropolitan area in which such census tract is located, and (B) in the case of a census tract other than a census tract described in subparagraph (A), the State. (4) Substantial rehabilitation The term substantial rehabilitation means rehabilitation efforts involving qualified development costs that are not less than the greater of— (A) $20,000, or (B) 20 percent of the adjusted basis of the buildings and land, determined as of the date of acquisition. (5) Qualified completion event The term qualified completion event means— (A) in the case of a qualified residence that is built or substantially rehabilitated as part of a qualified project and sold, an affordable sale, or (B) in the case of a qualified residence that is substantially rehabilitated as part of a qualified project and owned by the same qualified homeowner throughout such rehabilitation, the completion of such rehabilitation (as determined by the neighborhood homes credit agency) to the standards promulgated under subsection (h)(1)(D). (6) Qualified homeowner (A) In general The term qualified homeowner means, with respect to a qualified residence, an individual— (i) who owns and uses such qualified residence as the principal residence of such individual, and (ii) whose income is 140 percent or less of the applicable area median gross income for the location of the qualified residence. (B) Ownership For purposes of a cooperative housing corporation (as such term is defined in section 216(b)), a tenant-stockholder shall be treated as owning the house or apartment which such person is entitled to occupy. (C) Income For purposes of this paragraph, income shall be a determined in accordance with section 143(f)(2) and 143(f)(4). (D) Timing For purposes of this paragraph, the income of a taxpayer shall be determined— (i) in the case of a qualified residence that is built or substantially rehabilitated as part of a qualified project and sold, at the time a binding contract for purchase is made, or (ii) in the case of a qualified residence that is occupied by a qualified homeowner and intended to be substantially rehabilitated as part of a qualified project, at the time a binding contract to undertake such rehabilitation is made. (7) Neighborhood homes credit agency The term neighborhood homes credit agency means the agency designated by the State as the neighborhood homes credit agency of the State. (g) Allocation (1) State neighborhood homes credit ceiling The State neighborhood homes credit amount for a State for a calendar year is an amount equal to the greater of— (A) the product of $6, multiplied by the State population (determined in accordance with section 146(j)), or (B) $8,000,000. (2) Unused amount The State neighborhood homes credit amount for a calendar year shall be increased by the sum of— (A) any amount certified by the neighborhood homes credit agency of the State as having been previously allocated to a qualified project and not used during the 5-year period described in subsection (b)(2)(B)(iii), plus (B) sum of the amount by which the amount determined under paragraph (1) (without application of this paragraph) exceeded the amount allocated to qualified projects in each of the three immediately preceding calendar years. (3) Portion of state credit ceiling for certain projects involving qualified nonprofit organizations Rules similar to the rules of section 42(h)(5) shall apply. (h) Responsibilities of neighborhood homes credit agencies (1) In general Notwithstanding subsection (g), the State neighborhood homes credit dollar amount shall be zero for a calendar year unless the neighborhood homes credit agency of the State— (A) allocates such amount pursuant to a qualified allocation plan of the neighborhood homes credit agency, (B) allocates not more than 20 percent of such amount for the previous year to projects with respect to qualified residences in census tracts under subsection (e)(1)(C) or (e)(2), (C) promulgates standards with respect to reasonable qualified development costs and fees, (D) promulgates standards with respect to construction quality, and (E) submits to the Secretary (at such time and in such manner as the Secretary may prescribe) an annual report specifying— (i) the amount of the neighborhood homes credits allocated to each qualified project for the previous year, (ii) with respect to each qualified residence completed in the preceding calendar year— (I) the census tract in which such qualified residence is located, (II) with respect to the qualified project that includes such qualified residence, the year in which such project received an allocation under this section, (III) whether such qualified residence was new or substantially rehabilitated, (IV) the eligible basis of such qualified residence, (V) the amount of the neighborhood homes credit with respect to such qualified residence, (VI) the sales price of such qualified residence or, in the case of a qualified residence that is substantially rehabilitated as part of a qualified project and is owned by the same qualified homeowner during the entirety of such rehabilitation, the cost of the substantial rehabilitation, and (VII) the income of the qualified homeowner (expressed as a percentage of the applicable area median gross income for the location of the qualified residence), and (iii) such other information as the Secretary may require. (2) Qualified allocation plan For purposes of this subsection, the term qualified allocation plan means any plan which— (A) sets forth the selection criteria to be used to prioritize qualified projects for allocations of State neighborhood homes credit dollar amounts, including— (i) the need for new or substantially rehabilitated owner-occupied homes in the area addressed by the project, (ii) the expected contribution of the project to neighborhood stability and revitalization, (iii) the capability of the project sponsor, and (iv) the likelihood the project will result in long-term homeownership, (B) has been made available for public comment, and (C) provides a procedure that the neighborhood homes credit agency (or any agent or contractor of such agency) shall follow for purposes of— (i) identifying noncompliance with any provisions of this section, and (ii) notifying the Secretary of any such noncompliance of which the agency becomes aware. (i) Possessions treated as States For purposes of this section, the term State includes the District of Columbia and a possession of the United States. (j) Repayment (1) In general (A) Sold during 5-year period If a qualified residence is sold during the 5-year period beginning on the date of the qualified completion event described in subsection (a) with respect to such qualified residence, the seller shall transfer an amount equal to the repayment amount from the amount realized on such sale to the relevant neighborhood homes credit agency. (B) Use of repayments A neighborhood homes credit agency shall use any amount received pursuant to subparagraph (A) only for purposes of qualified projects. (2) Repayment amount For purposes of paragraph (1)(A), the repayment amount is an amount equal to 50 percent of the gain from such resale, reduced by 20 percent for each year of the 5-year period referred to in paragraph (1)(A) which ends before the date of the sale referred to in such paragraph. (3) Lien for repayment amount A neighborhood homes credit agency receiving an allocation under this section shall place a lien on each qualified residence that is built or rehabilitated as part of a qualified project for an amount such agency deems necessary to ensure potential repayment pursuant to paragraph (1)(A). (4) Denial of deductions if converted to rental housing If, during the 5-year period beginning on the date of the qualified completion event described in subsection (a), an individual who owns a qualified residence fails to use such qualified residence as such individual’s principal residence for any period of time, no deduction shall be allowed for expenses paid or incurred by such individual with respect to renting, during such period of time, such qualified residence. (5) Waiver The neighborhood homes credit agency may waive the repayment required under paragraph (1)(A) in the case of a homeowner experiencing a hardship. (k) Report (1) In general The Secretary shall annually issue a report, to be made available to the public, which contains the information submitted pursuant to subsection (h)(1)(E). (2) De-identification The Secretary shall ensure that any information made public pursuant to paragraph (1) excludes any information that would allow for the identification of qualified homeowners. (l) Inflation adjustment (1) In general In the case of a calendar year after 2022, the dollar amounts in this section shall each be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for such calendar year by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding (A) Substantial rehabilitation In the case of the dollar amount in subsection (f)(4), any increase under the preceding sentence which is not a multiple of $1,000 shall be rounded to the nearest multiple of $1,000. (B) In the case of the dollar amount in subsection (g)(1)(A), any increase under the preceding sentence which is not a multiple of $0.01 shall be rounded to the nearest multiple of $0.01. (C) In the case of the dollar amount in subsection (g)(1)(B), any increase under the preceding sentence which is not a multiple of $100,000 shall be rounded to the nearest multiple of $100,000. . (b) Current year business credit calculation Section 38(b) of the Internal Revenue Code of 1986, as amended by section 216, is further amended by redesignating paragraphs (6) through (34) as paragraphs (7) through (35), respectively, and by inserting after paragraph (5) the following new paragraph: (6) the neighborhood homes credit determined under section 42B(a), . (c) Limitation on carryback Section 39 of the Internal Revenue Code of 1986 is amended by adding at the end the following new subsection: (e) No carryback of neighborhood homes credit before effective date No amount of the unused credit attributable to section 42B may be taken into account under section 38(a)(3) for any taxable year beginning before the date of the enactment of this subsection. . (d) Conforming amendments Subsections (i)(3)(C), (i)(6)(B)(i), and (k)(1) of section 469 of the Internal Revenue Code of 1986, as amended by section 216, are each further amended by striking 42 or 42A and inserting 42, 42A, or 42B . (e) Clerical amendment The table of sections for subpart D of part IV of subchapter A of chapter 1 of the Internal Revenue Code of 1986, as amended by section 216, is further amended by inserting after the item relating to section 42A the following: Sec. 42B. Neighborhood homes credit. . (f) Effective date The amendments made by this section shall apply to calendar years beginning after December 31, 2021. 218. First-time homebuyer refundable credit (a) In general Section 36 of the Internal Revenue Code of 1986 is amended to read as follows: 36. First-time homebuyer refundable credit (a) Allowance of credit In the case of an individual who is a first-time homebuyer of a principal residence in the United States during a taxable year, there shall be allowed as a credit against the tax imposed by this subtitle for such taxable year an amount equal to 20 percent of the purchase price of the residence. (b) Limitations; special rules based on marital and filing status (1) Dollar limitation The credit allowed under subsection (a) shall not exceed $15,000. (2) Limitation based on purchase price The amount allowable as a credit under subsection (a) (determined without regard to this paragraph and paragraph (3), and after the application of paragraph (1)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as— (A) the excess (if any) of— (i) the purchase price of the residence, over (ii) an amount equal to 110 percent of the conforming loan limit applicable to the residence, bears to (B) $100,000. For purposes of the preceding sentence, the term conforming loan limit with respect to any residence means the applicable limitation governing the maximum original principal obligation for a mortgage secured by a residence of the same type, as determined and adjusted annually under section 302(b)(2) of the Federal National Mortgage Association Charter Act and section 305(a)(2) of the Federal Home Loan Mortgage Corporation Act. (3) Limitation based on modified adjusted gross income (A) In general The amount allowable as a credit under subsection (a) (determined without regard to this paragraph and after the application of paragraphs (1) and (2)) for the taxable year shall be reduced (but not below zero) by the amount which bears the same ratio to the amount which is so allowable as— (i) the excess (if any) of— (I) the taxpayer's modified adjusted gross income for the preceding taxable year, over (II) the applicable threshold, bears to (ii) $50,000. (B) Modified adjusted gross income For purposes of subparagraph (A), the term modified adjusted gross income with respect to any taxable year means the adjusted gross income of the taxpayer for such taxable year increased by any amount excluded from gross income under section 911, 931, or 933 for such taxable year. (C) Applicable threshold For purposes of subparagraph (A), the applicable threshold is— (i) except as provided in clauses (ii) and (iii), $100,000, (ii) an amount equal to 150 percent of the amount in effect under clause (i), in the case of a head of household (as defined in section 2(b)), and (iii) an amount equal to 200 percent of the amount in effect under clause (i), in the case of a joint return. (4) Additional limitations No credit shall be allowed under subsection (a) with respect to the purchase of any residence for a taxable year— (A) if the taxpayer is a nonresident alien, or (B) if— (i) the taxpayer has not attained age 18 as of the date of such purchase, or (ii) a deduction under section 151 with respect to the taxpayer is allowable to another taxpayer for the taxable year. In the case of a taxpayer who is married, the taxpayer shall be treated as meeting the age requirement of subparagraph (B)(i) if the taxpayer or the taxpayer's spouse meets such age requirement. (5) Multiple purchasers If 2 or more individuals who are not married purchase a principal residence, the amount of the credit under subsection (a) shall be allocated among such individuals in such manner as the Secretary may prescribe by taking into account the requirements of paragraphs (2) and (3), except that the total amount of the credits allowed to all such individuals shall not exceed the limitation under paragraph (1) (as modified by paragraph (7)). (6) Married couples must file joint return If an individual is married at the close of the taxable year, the credit shall be allowed under subsection (a) only if the individual and the individual's spouse file a joint return for the taxable year. (7) Adjustment for inflation In the case of any taxable year beginning after December 31, 2022, each of the dollar amounts in paragraphs (1), (2)(A)(ii), and (3)(C)(i) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2021 for calendar year 2016 in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence shall be rounded to the next lowest multiple of $50. (c) Definitions For purposes of this section— (1) First-time homebuyer (A) In general The term first-time homebuyer means any individual who acquires a principal residence located in the United States by purchase if such individual (and, if married, such individual's spouse)— (i) has not claimed any credit or deduction under this title for any previous taxable year with respect to the purchase or ownership of any residence or residential real estate (including for any expenditures relating to the placing in service of any property on, in connection with, or for use in such a residence or real estate), and (ii) attests under penalty of perjury that— (I) the individual (and, if married, the individual's spouse) has not owned a principal residence at any time prior to the purchase of the principal residence to which this section applies, and (II) the principal residence to which this section applies was not acquired from a person related to such individual or spouse. (B) Waiver in case of certain changes in status The Secretary may, in such manner as the Secretary may prescribe, waive the requirements of subparagraph (A) for a taxable year in the case of an individual who is not eligible to file a joint return for the taxable year, and who was married at the time the individual or the individual's former spouse purchased a previous residence. (2) Principal residence The term principal residence has the same meaning as when used in section 121. (3) Purchase (A) In general The term purchase means any acquisition, but only if— (i) the property is not acquired from a person related to the person acquiring such property (or, if either such person is married, such individual's spouse), and (ii) the basis of the property in the hands of the person acquiring such property is not determined— (I) in whole or in part by reference to the adjusted basis of such property in the hands of the person from whom acquired, or (II) under section 1014(a). (B) Construction A residence which is constructed by the taxpayer shall be treated as purchased by the taxpayer on the date the taxpayer first occupies such residence. (4) Purchase price The term purchase price means the adjusted basis (without regard to any reduction under section 1016(a)(38)) of the principal residence on the date such residence is purchased. (5) Related persons A person shall be treated as related to another person if the relationship between such persons would result in the disallowance of losses under section 267 or 707(b) (but, in applying subsections (b) and (c) of section 267 for purposes of this section, paragraph (4) of section 267(c) shall be treated as providing that the family of an individual shall include only the individual's spouse, ancestors, lineal descendants, and spouse's ancestors and lineal descendants). (6) Marital status An individual's marital status shall be determined in accordance with section 7703. (d) Denial and recapture rules in case of disposal of residence within 6 taxable years (1) Denial of credit in case of disposal within taxable year No credit under subsection (a) shall be allowed to any taxpayer for any taxable year with respect to the purchase of a residence if the taxpayer disposes of such residence (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) before the close of such taxable year. (2) Phased-out recapture (A) In general Except as provided in subparagraph (D), if the taxpayer disposes of the residence with respect to which a credit was allowed under subsection (a) (or such residence ceases to be the principal residence of the taxpayer (and, if married, the taxpayer's spouse)) during the 5-taxable-year period beginning with the taxable year immediately following the credit year, the tax imposed by this chapter for the taxable year in which such disposal (or cessation) occurs shall be increased by an amount equal to the recapture percentage of the amount of the credit so allowed. (B) Credit year For purposes of subparagraph (A), the term credit year means the taxable year in which the credit under subsection (a) was allowed. (C) Recapture percentage For purposes of subparagraph (A), the recapture percentage with respect to any disposal or cessation described in such subparagraph shall be determined in accordance with the following table: If the disposal or The recapture cessation occurs in: percentage is: The 1st taxable year beginning after the credit year 100 percent The 2nd taxable year beginning after the credit year 80 percent The 3rd taxable year beginning after the credit year 60 percent The 4th taxable year beginning after the credit year 40 percent The 5th taxable year beginning after the credit year 20 percent. (D) Exceptions This paragraph shall not apply in the case of a disposal or cessation described in subparagraph (A) which occurs after or incident to any of the following: (i) Death of the taxpayer or the taxpayer's spouse. (ii) Divorce of the taxpayer. (iii) Involuntary conversion of the residence (within the meaning of section 121(d)(5)(A)). (iv) Relocation of duty station or qualified official extended duty (as defined in section 121(d)(9)(C)) of the taxpayer or the taxpayer's spouse who is a member of the uniformed services (as defined in section 121(d)(9)(C)(ii)), a member of the Foreign Service of the United States (as defined in section 121(d)(9)(C)(iii)), or an employee of the intelligence community (as defined in section 121(d)(9)(C)(iv)). (v) Change of employment of the taxpayer or the taxpayer's spouse which meets the conditions of section 217(c). (vi) Loss of employment, health conditions, or such other unforeseen circumstances as may be specified by the Secretary. (e) Adjustment to basis For purposes of this subtitle, if a credit is allowed under this section with respect to any property, the taxpayer's basis in such property shall be reduced by the amount of the credit so allowed. (f) Reporting (1) In general A credit shall be allowed under this section only if the following are included on the return of tax: (A) The individual's (and, if married, the individual's spouse's) social security number issued by the Social Security Administration. (B) The street address (not including a post office box) of the principal residence purchased. (C) The purchase price of the principal residence. (D) The date of purchase of the principal residence. (E) The closing disclosure relating to the purchase (in the case of a purchase financed by a mortgage). (2) Reporting of real estate transactions If the Secretary requires information reporting under section 6045 by a person described in subsection (e)(2) thereof to verify the eligibility of taxpayers for the credit allowable by this section, the exception provided by section 6045(e)(5) shall not apply. . (b) Conforming amendment relating to basis adjustment Subsection (a) of section 1016 of the Internal Revenue Code of 1986, as amended by section 216, is further amended— (1) by redesignating paragraphs (38) and (39) as paragraphs (39) and (40), respectively; and (2) by inserting after paragraph (37) the following new paragraph: (38) to the extent provided in section 36(e). . (c) Conforming amendment Section 26(b)(2) of the Internal Revenue Code of 1986 is amended by striking subparagraph (W) and by redesignating subparagraphs (X) and (Y) as subparagraphs (W) and (X), respectively. (d) Clerical amendment The item relating to section 36 in 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 to read as follows: Sec. 36. First-time homebuyer refundable credit. . (e) Authority To treat claim of credit as error, etc Subparagraph (N) of section 6213(g)(2) of the Internal Revenue Code of 1986 is amended to read as follows: (N) in the case of a return claiming the credit under section 36— (i) the omission of a social security number required under section 36(f)(1)(A), (ii) the inclusion of a social security number so required if— (I) the claim of the credit on the return reflects the treatment of such individual as being of an age different from the individual's age based on such social security number, or (II) except as provided in section 36(c)(1)(B), such social security number has been included (other than as a dependent for purposes of section 151) on a return for any previous taxable year claiming any credit or deduction described in section 36(c)(1)(A)(i), (iii) the omission of any other required information or documentation described in section 36(f)(1), including the inclusion of a post office box instead of a street address for the purchased residence, (iv) the inclusion of any information or documentation described in clause (iii) if such information or documentation does not support a valid claim for the credit, or (v) a claim of such credit for a taxable year with respect to the purchase of a residence made after the last day of such taxable year, . (f) IRS recordkeeping Notwithstanding the limitations on assessment and collection under section 6501 of the Internal Revenue Code of 1986, the Commissioner of Internal Revenue shall maintain records of returns and return information (as defined in section 6103(b)(2) of such Code) of any taxpayer claiming the credit under section 36 of such Code (as amended by this section) for the taxable year in which such credit is claimed and succeeding taxable years in the individual master files of the Internal Revenue Service.
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117-s-2821
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II 117th CONGRESS 1st Session S. 2821 IN THE SENATE OF THE UNITED STATES September 23, 2021 Ms. Duckworth (for herself, Mr. Durbin , Mrs. Gillibrand , and Mr. Coons ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To establish eligibility requirements for education support professionals under the Family and Medical Leave Act of 1993, and for other purposes.
1. Short title This Act may be cited as the ESP Family Leave Act . 2. Eligibility for education support professionals Section 101(2) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2611(2) ) is amended by adding at the end the following: (F) Education support professionals (i) Determination For purposes of determining whether an employee who is an education support professional meets the hours of service requirement specified in subparagraph (A)(ii), the employee will be considered to meet the requirement if the employee has worked a number of hours equal to not less than 60 percent of the applicable total monthly hours expected for the employee’s job description and duties, as assigned for the previous school year. (ii) File Each employer of an education support professional shall maintain on file with the Secretary (in accordance with such regulations as the Secretary may prescribe) information specifying the total monthly hours expected for the employee’s job description and duties for each school year. (iii) Definitions (I) Education support professional In this subparagraph, the term education support professional means an employee within a public school or public institution of higher education, which may include— (aa) paraeducators that provide instructional and non-instructional support; (bb) secretarial, clerical, and administrative support staff; (cc) custodians and maintenance service workers that provide building and grounds maintenance and repair; (dd) skilled trade workers that provide services in schools, such as electricians, carpenters, and workers who operate machinery; (ee) workers who provide food service, including preparation and serving of food; (ff) workers who provide school transportation and delivery services; (gg) computer, audiovisual, and language technical support staff; (hh) security staff; (ii) nursing, health, and therapy support staff, who may also provide community, family, parent and welfare services; and (jj) other staff that may serve public education students. (II) Public school In this subparagraph, the term public school means a school that is maintained at public expense for the education of the children of a community or district and that constitutes a part of a system of free public education commonly including primary and secondary schools, including special education cooperatives, alternative schools, and other similar facilities. (III) Public institution of higher education In this subparagraph the term public institution of higher education means an institution of higher education, as defined in section 101 of the Higher Education Act of 1965 ( 20 U.S.C. 1001 ), that is funded, at least partly, by State taxpayers. . 3. Entitlement to leave Section 102(a) of the Family and Medical Leave Act of 1993 ( 29 U.S.C. 2612(a) ) is amended by adding at the end the following: (6) Calculation of leave for education support professionals The Secretary may provide a method for calculating the leave described in paragraph (1) with respect to employees described in section 101(2)(F). .
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117-s-2822
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II 117th CONGRESS 1st Session S. 2822 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To ensure the United States maintains a competitive edge over China, and for other purposes.
1. Short title This Act may be cited as the Prioritizing Readiness and Competitiveness Act or the PRC Act . 2. Statement of policy It is the policy of the United States that— (1) great power competition with the People’s Republic of China will define the future of the 21st century; (2) the People’s Republic of China is a revisionist power that seeks to upend the international system in ways that are inimical to United States national interests; (3) great power competition with the People’s Republic of China is global in nature and requires a whole-of-government response; (4) resilient domestic manufacturing, a strong and advanced United States Navy, and an innovative economy are critical to succeeding in great power competition; and (5) promoting and supporting new technological research and development will be necessary to maintain a competitive advantage and effectively combat hostile efforts by the Government of the People’s Republic of China. 3. Transfer of certain unexpended funds related to Afghanistan for the purpose of building a resilient domestic industrial base and strengthening defense technology innovation (a) In general The President shall transfer to each of the following appropriations accounts for the following purposes an amount equal to one-third of the total amount rescinded under subsection (b): (1) The Defense Production Act purchases account for activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 ( 50 U.S.C. 4518 , 4531, 4532, 4533). (2) The Shipbuilding and Conversion, Navy account of the Department of Defense. (3) The research, development, test, and evaluation, Defense-wide account of the Department of Defense, to be available for the Defense Advanced Research Projects Agency to carry out projects related to strengthening the United States global advantage in strategic technologies, which may include aerospace, robotics, artificial intelligence, information technology, new and advanced materials, biotechnology, advanced machinery, telecommunications, and energy and power generation. (b) Rescission of unexpended funds dedicated to maintaining a military and diplomatic presence in Afghanistan The following amounts are hereby rescinded: (1) The unobligated balance of amounts made available to the Department of Defense for the Afghanistan Security Forces Fund. (2) Of the unobligated balance of amounts made available to the Department of State for Diplomatic Programs, all remaining funds relating to maintaining United States diplomatic personnel in Afghanistan. (3) Of the unobligated balance of amounts made available for the Economic Support Fund, all remaining funds relating to implementing and supporting comprehensive strategies to combat corruption in Afghanistan, and for the reintegration of former Taliban and other extremists. (4) Of the unobligated balance of amounts made available to the Department of State for the International Narcotics Control and Law Enforcement Fund, all remaining funds relating to programs in Afghanistan. (5) Of the unobligated balance of amounts made available to the Department of State for International Military Education and Training programs, all remaining funds relating to training personnel of the Afghan security forces.
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117-s-2823
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II 117th CONGRESS 1st Session S. 2823 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Braun (for himself, Mr. Burr , Mr. Inhofe , Mrs. Capito , Mr. Barrasso , Mrs. Blackburn , Mr. Crapo , Ms. Ernst , Mr. Lankford , Mr. Risch , Mr. Rubio , Mr. Scott of Florida , Mr. Cramer , Mr. Hagerty , Mr. Hoeven , and Mr. Rounds ) introduced the following bill; which was read twice and referred to the Committee on the Budget A BILL To ensure that all fast-tracked reconciliation bills are subject to a committee hearing, and for other purposes.
1. Short title This Act may be cited as the No Hearing, No Vote Act of 2021 . 2. Committee hearings for reconciliation bills (a) In general Section 310 of the Congressional Budget Act of 1974 ( 2 U.S.C. 641 ) is amended by adding at the end the following: (h) Committee hearings for reconciliation bills It shall not be in order in the Senate to consider any reconciliation bill or reconciliation resolution, unless— (1) the reconciliation bill or reconciliation resolution was— (A) ordered reported to the Senate under subsection (b)(1) by the committee of the Senate receiving reconciliation instructions; or (B) reported by the Committee on the Budget of the Senate under subsection (b)(2) after receiving recommendations ordered to be reported to the Committee on the Budget by 1 or more committees of the Senate receiving reconciliation instructions; and (2) each committee that ordered reported the reconciliation bill or reconciliation resolution or ordered recommendations to be reported to the Committee on the Budget held not less than 1 hearing regarding any major provision of the reconciliation bill or reconciliation resolution within the jurisdiction of such committee. . (b) Waiver and appeal Section 904 of the Congressional Budget Act of 1974 ( 2 U.S.C. 621 note) is amended— (1) in subsection (c)(1), by inserting 310(h), after 310(d)(2), ; and (2) in subsection (d)(2), by inserting 310(h), after 310(d)(2), .
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117-s-2824
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II 117th CONGRESS 1st Session S. 2824 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Risch introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To amend the Geothermal Steam Act of 1970 to promote timely exploration for geothermal resources under geothermal leases, and for other purposes.
1. Short title This Act may be cited as the Enhancing Geothermal Production on Federal Lands Act . 2. Geothermal production on Federal lands The Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is amended by adding at the end the following: 30. Geothermal exploration test projects (a) Definition of geothermal exploration test project In this section, the term geothermal exploration test project means the drilling of a well to test or explore for geothermal resources on lands for which the Secretary has issued a lease under this Act, that— (1) is carried out by the holder of the lease; (2) causes— (A) less than 5 acres of soil or vegetation disruption at the location of each geothermal exploration well; and (B) not more than an additional 5 acres of soil or vegetation disruption during access or egress to the test site; (3) is developed— (A) less than 12 inches in diameter; (B) in a manner that does not require off-road motorized access other than to and from the well site along an identified off-road route; (C) without construction of new roads other than upgrading of existing drainage crossings for safety purposes; (D) with the use of rubber-tired digging or drilling equipment vehicles; and (E) without the use of high-pressure well stimulation; (4) is completed in less than 90 days, including the removal of any surface infrastructure from the site; and (5) requires the restoration of the project site within 3 years of the date of first exploration drilling to approximately the condition that existed at the time the project began, unless the site is subsequently used as part of energy development under the lease. (b) Categorical exclusion (1) In general Unless extraordinary circumstances exist, a project that the Secretary determines under subsection (c) is a geothermal exploration test project shall be categorically excluded from the requirements for an environmental assessment or an environmental impact statement under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) or section 1501.4 of title 40, Code of Federal Regulations (or a successor regulation). (2) Extraordinary circumstances definition In this subsection, the term extraordinary circumstances has the same meaning given such term in the Department of the Interior Departmental Manual, 516 DM 2.3A(3) and 516 DM 2, Appendix 2 (or successor provisions). (c) Process (1) Requirement to provide notice A leaseholder shall provide notice to the Secretary of the leaseholder’s intent to carry out a geothermal exploration test project at least 30 days before the start of drilling under the project. (2) Review and determination Not later than 10 days after receipt of a notice of intent under paragraph (1), the Secretary shall, with respect to the project described in the notice of intent— (A) determine if the project qualifies for a categorical exclusion under subsection (b); and (B) notify the leaseholder of such determination. (3) Opportunity to remedy If the Secretary determines under paragraph (2)(A) that the project does not qualify for a categorical exclusion under subsection (b), the Secretary shall— (A) include in such notice clear and detailed findings on any deficiencies in the project that resulted in such determination; and (B) allow the leaseholder to remedy any such deficiencies and resubmit the notice of intent under paragraph (1). . 3. Geothermal leasing priority areas The Geothermal Steam Act of 1970 ( 30 U.S.C. 1001 et seq. ) is further amended by adding at the end the following: 31. Geothermal leasing priority areas (a) Definition of covered land In this section, the term covered land means land that is— (1) Federal land; and (2) not excluded from the development of geothermal energy under— (A) a land use plan established under the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1701 et seq. ); or (B) any other Federal law. (b) Designation of geothermal leasing priority areas The Secretary, in consultation with the Secretary of Energy, shall designate portions of covered land as geothermal leasing priority areas as soon as practicable, but not later than 5 years, after the date of the enactment of this section. (c) Criteria for selection In determining which covered lands to designate as geothermal leasing priority areas under subsection (b), the Secretary, in consultation with the Secretary of Energy, shall consider if— (1) the covered land is preferable for geothermal leasing; (2) production of geothermal energy on such land is economically viable, including if such land has access to methods of energy transmission; and (3) the designation would be in compliance with section 202 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1712 ), including subsection (c)(9) of that section. (d) Review and modification Not less frequently than once every 10 years, the Secretary shall— (1) review covered land and, if appropriate, make additional designations of geothermal leasing priority areas; and (2) review each area designated as a geothermal leasing priority area under this section, and, if appropriate, remove such designation. (e) Programmatic environmental impact statement (1) Initial designations No later than one year after the initial designation of a geothermal leasing priority area, the Secretary shall prepare a supplement to any final programmatic environmental impact statement for geothermal leasing that is the most recently finalized such statement with respect to covered land designated as a geothermal leasing priority area under subsection (b). (2) Subsequent designations Each designation of a geothermal leasing priority area under subsection (d) shall be included in a programmatic environmental impact statement for geothermal leasing or in a supplement to such a statement. (3) Consultations In developing any programmatic environmental impact statement for geothermal leasing or supplement to such a statement under this section, the Secretary shall consult, on an ongoing basis, with appropriate State, Tribal, and local governments, transmission infrastructure owners and operators, developers, and other appropriate entities. (4) Procedure The Secretary may not delay issuing a permit or holding a lease sale under this Act because the supplement required under paragraph (1) has not been finalized by the Secretary. (f) Compliance with NEPA If the Secretary determines that the designation of a geothermal leasing priority area has been sufficiently analyzed by a programmatic environmental impact statement, the Secretary shall not prepare any additional analysis under the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq. ) with respect to geothermal lease sales for such geothermal leasing priority area. .
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117-s-2825
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II 117th CONGRESS 1st Session S. 2825 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Radiation Exposure Compensation Act to revise the definition of affected area and extend the period in which compensation may be provided, and for other purposes.
1. Short title This Act may be cited as the Downwinders Act . 2. Amendments to the Radiation Exposure Compensation Act (a) Affected areas Section 4 of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note; Public Law 101–426 ) is amended— (1) in subsection (a)— (A) in paragraph (1)— (i) in subparagraph (A)— (I) in clause (i)— (aa) in subclause (II), by striking ; or and inserting a semicolon; (bb) by redesignating subclause (III) as subclause (IV); and (cc) by inserting after subclause (II) the following: (III) was physically present in the affected area described in subsection (b)(1)(D) for the period beginning on July 16, 1945, and ending on August 16, 1945; or ; and (II) in clause (ii)(I), by striking physical presence described in subclause (I) or (II) of clause (i) or onsite participation described in clause (i)(III) and inserting physical presence described in subclause (I), (II), or (III) of clause (i) or onsite participation described in clause (i)(IV) ; and (ii) in subparagraph (B)— (I) in clause (i), by striking subclause (I) or (II) of subparagraph (A)(i) and inserting subclause (I), (II), or (III) of subparagraph (A)(i) ; and (II) in clause (ii), by striking subclause (III) and inserting subclause (IV) ; and (B) in paragraph (2)— (i) in subparagraph (B), by striking , or and inserting a comma; (ii) by redesignating subparagraph (C) as subparagraph (D); (iii) by inserting after subparagraph (B) the following: (C) was physically present in the affected area described in subsection (b)(1)(D) for the period beginning on July 16, 1945, and ending on August 16, 1945, or ; and (iv) in the matter following subparagraph (D), as so redesignated, by striking subparagraph (A) or (B) and all that follows through subparagraph (C) and inserting subparagraph (A), (B), or (C)) or $75,000 (in the case of an individual described in subparagraph (D) ; and (2) in subsection (b)(1)— (A) in subparagraph (A), by striking in the State and all that follows through Piute and inserting the State of Utah ; (B) in subparagraph (B), by striking ; and and inserting a semicolon; and (C) by adding at the end the following: (D) with respect to a claim by an individual under subsection (a)(1)(A)(i)(III) or subsection (a)(2)(C), only the counties of Bernalillo, Chaves, Guadalupe, Lincoln, Sandoval, San Miguel, Santa Fe, Socorro, Torrance, and Valencia in the State of New Mexico; and . (b) Extension of period of compensation (1) Termination of fund Section 3(d) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note; Public Law 101–426 ) is amended— (A) in the first sentence, by striking 22 and all that follows through 2000 and inserting on the date that is 10 years after the date of enactment of the Downwinders Act ; and (B) in the second sentence, by striking by the end of that 22-year period and inserting by such date of termination . (2) Eligibility Section 8(a) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note; Public Law 101–426 ) is amended by striking 22 and all that follows through 2000 and inserting 10 years after the date of enactment of the Downwinders Act . (c) Conforming amendments Section 6 of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note; Public Law 101–426 ) is amended— (1) in subsection (b)(2)(C), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(D) ; (2) in subsection (c)(2)— (A) in subparagraph (A)— (i) in the matter preceding clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), or (a)(2)(C) of section 4 ; and (ii) in clause (i), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), or (a)(2)(C) of section 4 ; and (B) in subparagraph (B), by striking section 4(a)(2)(C) and inserting section 4(a)(2)(D) ; and (3) in subsection (e), by striking subsection (a)(1), (a)(2)(A), or (a)(2)(B) of section 4 and inserting subsection (a)(1), (a)(2)(A), (a)(2)(B), or (a)(2)(C) of section 4 . 3. Study on counties affected by radiation fall-out due to open air nuclear testing conducted in Nevada and New Mexico Not later than 1 year after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Secretary of Energy, shall conduct a research study and report to Congress on which counties were affected by radiation fall-out due to open air nuclear testing conducted in Nevada and New Mexico, as identified using evidence-based analysis. 4. Spectrum auction (a) Identification of spectrum To be auctioned Not later than 1 year after the date of enactment of this Act, the Assistant Secretary of Commerce for Communications and Information, in consultation with the Federal Communications Commission and the Director of the Office of Science and Technology Policy, shall identify 100 megahertz of electromagnetic spectrum that is assigned or allocated to the Federal Government to be made available for non-Federal commercial licensed use through an auction under subsection (b). (b) Auction Not later than 18 months after the date of enactment of this Act, the Federal Communications Commission shall conduct a system of competitive bidding under section 309(j) of the Communications Act of 1934 ( 47 U.S.C. 309(j) ) to grant new licenses for the spectrum identified under subsection (a). (c) Auction proceeds To cover 110 percent of Federal relocation or sharing costs Nothing in this section shall be construed to relieve the Federal Communications Commission from the requirements under section 309(j)(16)(B) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(16)(B) ). (d) Deposit of auction proceeds in Radiation Exposure Compensation Trust Fund Section 309(j)(8) of the Communications Act of 1934 ( 47 U.S.C. 309(j)(8) ) is amended— (1) in subparagraph (A), by striking and (G) and inserting (G), and (H) ; (2) in subparagraph (C)(i), by striking and (G) and inserting (G), and (H) ; and (3) by adding at the end the following: (H) Use of auction proceeds for radiation exposure compensation Notwithstanding subparagraph (A), and except as provided in subparagraph (B), of the proceeds (including deposits and upfront payments from successful bidders) from the use of a system of competitive bidding under this subsection pursuant to section 4 of the Downwinders Act , the Commission shall deposit not less than $2,500,000,000 and not more than $5,000,000,000 in the Radiation Exposure Compensation Trust Fund established under section 3(a) of the Radiation Exposure Compensation Act ( 42 U.S.C. 2210 note; Public Law 101–426 ), to be used for disbursement by the Attorney General under section 6 of such Act. .
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117-s-2826
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II 117th CONGRESS 1st Session S. 2826 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Marshall (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 impose sanctions with respect to Chinese and Russian companies that sign contracts or otherwise do business with the Taliban in strategic resource sectors, and for other purposes.
1. Short title This Act may be cited as the Restricting Taliban Critical Mineral Trade Act . 2. Imposition of sanctions with respect to Chinese and Russian companies that sign contracts or otherwise do business with the Taliban in strategic resource sectors (a) In general The President shall impose the sanctions described in subsection (b) with respect to any covered foreign entity that, on or after the date of the enactment of this Act— (1) signs a contract with the Taliban with respect to a strategic resource sector; or (2) otherwise agrees to do business with the Taliban in a strategic resource sector. (b) Sanctions (1) Blocking of property (A) In general The President shall exercise all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of a covered foreign entity described in subsection (a) if such property and interests in property are in the United States, come within the United States, or are or come within the possession or control of a United States person. (B) Penalties The penalties provided for in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) shall apply to a person that violates, attempts to violate, conspires to violate, or causes a violation of any regulation, license, or order issued to carry out subparagraph (A) to the same extent that such penalties apply to a person that commits an unlawful act described in subsection (a) of that section. (C) Implementation The President may exercise all authorities under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this paragraph. (2) Inclusion on entity list The President shall include any covered foreign entity described in subsection (a) on the entity list maintained by the Bureau of Industry and Security and set forth in Supplement No. 4 to part 744 of title 15, Code of Federal Regulations. (c) Definitions In this section: (1) Covered foreign entity The term covered foreign entity means— (A) an entity organized under the laws of the People's Republic of China or the Russian Federation, including any jurisdiction within either such country; or (B) a significant subsidiary (as defined in section 210.1–02(w) of title 17, Code of Federal Regulations, or successor regulations) of an entity described in subparagraph (A). (2) Critical mineral The term critical mineral means a critical mineral— (A) included in the final list of critical minerals published by the Secretary of the Interior in the Federal Register on May 18, 2018 (83 Fed. Reg. 23295); or (B) as defined in section 7002(a) of the Energy Act of 2020 ( 30 U.S.C. 1606(a) ). (3) Strategic resource sector The term strategic resource sector means a sector of the economy relating to trade or investment in any critical mineral. (4) United States person the term United States person means— (A) a United States citizen or an alien lawfully admitted to the United States for permanent residence; and (B) an entity organized under the laws of the United States or any jurisdiction within the United States (including any foreign branch of such an entity).
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117-s-2827
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II 117th CONGRESS 1st Session S. 2827 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Cornyn (for himself and Ms. Warren ) 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 modify venue requirements relating to bankruptcy proceedings.
1. Short title This Act may be cited as the Bankruptcy Venue Reform Act of 2021 . 2. Findings and purpose (a) Findings Congress finds that— (1) bankruptcy law provides a number of venue options for filing bankruptcy under chapter 11 of title 11, United States Code, including, with respect to the entity filing bankruptcy— (A) any district in which the place of incorporation of the entity is located; (B) any district in which the principal place of business or principal assets of the entity are located; and (C) any district in which an affiliate of the entity has filed a pending case under title 11, United States Code; (2) the wide range of permissible bankruptcy venue options has led to an increase in companies filing for bankruptcy outside of their home district—the district in which the principal place of business or principal assets of the company is located; (3) the practice described in paragraph (2) is known as forum shopping ; (4) forum shopping has resulted in a concentration of bankruptcy cases in a limited number of districts; (5) forum shopping— (A) prevents small businesses, employees, retirees, creditors, and other important stakeholders from fully participating in bankruptcy cases that have tremendous impacts on their lives, communities, and local economies; and (B) deprives district courts of the United States and courts of appeals of the United States of the opportunity to contribute to the development of bankruptcy law in the jurisdictions of those district courts; and (6) reducing forum shopping in the bankruptcy system will strengthen the integrity of, and build public confidence and ensure fairness in, the bankruptcy system. (b) Purpose The purpose of this Act is to prevent the practice of forum shopping in cases filed under chapter 11 of title 11, United States Code. 3. Venue of cases under title 11 Title 28, United States Code, is amended— (1) by striking section 1408 and inserting the following: 1408. Venue of cases under title 11 (a) Principal place of business with respect to certain entities (1) In general Except as provided in paragraph (2), for the purposes of this section, if an entity is subject to the reporting requirements of section 13 or 15(d) of the Securities Exchange Act of 1934 ( 15 U.S.C. 78m , 78o(d)), the term principal place of business , with respect to the entity, means the address of the principal executive office of the entity as stated in the last annual report filed under that Act before the commencement of a case under title 11 of which the entity is the subject. (2) Exception With respect to an entity described in paragraph (1), the definition of the principal place of business under that paragraph shall apply for purposes of this section unless another address is shown to be the principal place of business of the entity by clear and convincing evidence. (b) Venue Except as provided in section 1410, a case under title 11 may be commenced only in the district court for the district— (1) in which the domicile, residence, or principal assets in the United States of an individual who is the subject of the case have been located— (A) for the 180 days immediately preceding such commencement; or (B) for a longer portion of the 180-day period immediately preceding such commencement than the domicile, residence, or principal assets in the United States of the individual were located in any other district; (2) in which the principal place of business or principal assets in the United States of an entity, other than an individual, that is the subject of the case have been located— (A) for the 180 days immediately preceding such commencement; or (B) for a longer portion of the 180-day period immediately preceding such commencement than the principal place of business or principal assets in the United States of the entity were located in any other district; or (3) in which there is pending a case under title 11 concerning an affiliate that directly or indirectly owns, controls, or holds 50 percent or more of the outstanding voting securities of, or is the general partner of, the entity that is the subject of the later filed case, but only if the pending case was properly filed in that district in accordance with this section. (c) Limitations (1) In general For the purposes of paragraphs (2) and (3) of subsection (b), no effect shall be given to a change in the ownership or control of an entity that is the subject of the case, or of an affiliate of the entity, or to a transfer of the principal place of business or principal assets in the United States, or to the merger, dissolution, spinoff, or divisive merger of an entity that is the subject of the case, or of an affiliate of the entity, to another district, that takes place— (A) within 1 year before the date on which the case is commenced; or (B) for the purpose, in whole or in part, of establishing venue. (2) Principal assets (A) Principal assets of an entity other than an individual For the purposes of subsection (b)(2) and paragraph (1) of this subsection— (i) the term principal assets does not include cash or cash equivalents; and (ii) any equity interest in an affiliate is located in the district in which the holder of the equity interest has its principal place of business in the United States, as determined in accordance with subsection (b)(2). (B) Equity interests of individuals For the purposes of subsection (b)(1), if the holder of any equity interest in an affiliate is an individual, the equity interest is located in the district in which the domicile or residence in the United States of the holder of the equity interest is located, as determined in accordance with subsection (b)(1). (d) Burden On any objection to, or request to change, venue under paragraph (2) or (3) of subsection (b) of a case under title 11, the entity that commences the case shall bear the burden of establishing by clear and convincing evidence that venue is proper under this section. (e) Out-of-State admission for government attorneys The Supreme Court shall prescribe rules, in accordance with section 2075, for cases or proceedings arising under title 11, or arising in or related to cases under title 11, to allow any attorney representing a governmental unit to be permitted to appear on behalf of the governmental unit and intervene without charge, and without meeting any requirement under any local court rule relating to attorney appearances or the use of local counsel, before any bankruptcy court, district court, or bankruptcy appellate panel. ; and (2) by striking section 1412 and inserting the following: 1412. Change of venue (a) In general Notwithstanding that a case or proceeding under title 11, or arising in or related to a case under title 11, is filed in the correct division or district, a district court may transfer the case or proceeding to a district court for another district or division— (1) in the interest of justice; or (2) for the convenience of the parties. (b) Incorrectly filed cases or proceedings If a case or proceeding under title 11, or arising in or related to a case under title 11, is filed in a division or district that is improper under section 1408(b), the district court shall— (1) immediately dismiss the case or proceeding; or (2) if it is in the interest of justice, immediately transfer the case or proceeding to any district court for any district or division in which the case or proceeding could have been brought. (c) Objections and requests relating to changes in venue Not later than 14 days after the filing of an objection to, or a request to change, venue of a case or proceeding under title 11, or arising in or related to a case under title 11, the court shall enter an order granting or denying the objection or request. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2827is/xml/BILLS-117s2827is.xml
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117-s-2828
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II 117th CONGRESS 1st Session S. 2828 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Tillis (for himself, Ms. Collins , and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To authorize U.S. Citizenship and Immigration Services to process employment-based immigrant visa applications after September 30, 2021, and to award such visas to eligible applicants from the pool of unused employment-based immigrant visas during fiscal years 2020 and 2021.
1. Short title This Act may be cited as the Preserving Employment Visas Act . 2. Preservation of expiring employment-based visas (a) In general Notwithstanding any other provision of law, for fiscal year 2022, the worldwide level of employment-based immigrants authorized under section 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) shall be increased by the number computed under subsection (b) with respect to such worldwide levels. (b) Computation The number computed under this subsection is the difference (if any) between— (1) the sum of the worldwide levels authorized under the section 201(d) of the Immigration and Nationality Act ( 8 U.S.C. 1151(d) ) for fiscal years 2020 and 2021; and (2) the sum of the number of aliens who were issued employment-based immigrant visas or who otherwise acquired the status of aliens lawfully admitted to the United States for permanent residence under section 203(b) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b) ) during the fiscal years referred to in paragraph (1). (c) Allocation The Secretary of State, in consultation with the Secretary of Homeland Security, shall allocate the visas made available as a result of the increase authorized under subsection (a) on a proportional basis, in accordance with subsections (b) and (e)(1) of section 203 of the Immigration and Nationality Act ( 8 U.S.C. 1153 ). (d) Availability Each visa made available under this section shall remain available for use in fiscal year 2022 or in any subsequent fiscal year, until the Secretary of State, in consultation with the Secretary of Homeland Security, determines that such visa has been issued and used as the basis for an application for admission into the United States.
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https://www.govinfo.gov/content/pkg/BILLS-117s2828is/xml/BILLS-117s2828is.xml
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117-s-2829
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II 117th CONGRESS 1st Session S. 2829 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Rubio introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend the Securities Exchange Act of 1934 to require the Securities and Exchange Commission to require the contractual provision by large issuers of procedural privileges with respect to certain shareholder claims relating to board and management accountability for woke social policy actions as a condition of listing on a national securities exchange, and for other purposes.
1. Short title This Act may be cited as the Mind Your Own Business Act of 2021 . 2. Findings Congress finds the following: (1) The fiduciary duties of boards of directors and other corporate actors to corporations and their stockholders are generally established by and enforceable under State law. (2) State law generally permits corporations discretion with respect to altering the rights of stockholders, including the process by which stockholders assert claims for breach of fiduciary duties by the board of directors or other corporate actors, limited by State law governing these fiduciary duties. (3) The regulation of corporations as issuers of securities authorized by Congress in the Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) generally regulates corporate behavior in connection with the issuance of securities, including with respect to contractual arrangements between corporations and their stockholders via provisions in corporations’ charters and bylaws, and does not— (A) establish fiduciary duties of boards of directors or other corporate actors to corporations and their stockholders under Federal law; or (B) regulate the fiduciary duties of boards of directors or other corporate actors to corporations and their stockholders under State law. (4) The State law fiduciary duties of boards of directors and other corporate actors establish certain norms upon which the national market system for securities has historically relied, including— (A) boards of directors and other corporate actors generally have fiduciary duties to their respective corporations and stockholders; and (B) the behavior of corporations as issuers of securities will generally conform to these fiduciary duties, to the benefit of the protection of investors and the public interest. (5) Other norms related to the public interest have historically provided critical bases upon which the national market system for securities has historically relied, including norms that large corporate issuers that are significant to the national economy— (A) generally invest corporate resources to increase the long-term value of the corporation as a business rather than as an agent of social change; (B) do not use corporate resources to advance narrowly political or partisan agendas; and (C) do not use corporate resources to promote socialism, Marxism, critical race theory, or other un-American ideologies among their workforces or customers. (6) Though these norms are not enforceable legal duties of boards of directors or other corporate actors under Federal law, they substantially contribute to the commercial purpose and nationwide availability of the national market system for securities, which are recognized by section 2 of the Securities Exchange Act of 1934 ( 15 U.S.C. 78b ) as principal bases for the regulation authorized by that Act. (7) Certain large corporate issuers that are significant to the national economy have recently undertaken actions which facially violate these norms on account of apparent political bias. Examples of such actions include the use of corporate resources to— (A) deny goods and services to States and their political subdivisions, and private entities within such States and their political subdivisions, in response to the social policies proposed or enacted in such States and their political subdivisions, including those related to election procedures, restrictions on abortion, protections for religious freedom, and enforcement of immigration law; (B) deny goods and services to industries and other classes of entities on the basis of characteristics of those industries and classes related to social policy, including industries involved in the sale or manufacture of firearms, operation of border security or criminal detention facilities, and performance of services for the United States military, and classes of entities based on religious belief or identity; (C) promote race and sex stereotyping, such as those described in section 2(a) of Executive Order 13950 ( 5 U.S.C. 4103 note; relating to combating race and sex stereotyping), which include such destructive concepts that the United States is fundamentally racist or sexist, an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race or sex, and meritocracy or traits such as a hard work ethic are racist or sexist, or were created by a particular race to oppress another race; and (D) openly coordinate with political actors to pursue such actions, including— (i) undertaking such actions upon the action (or inaction) of boards of directors and other corporate actors that are not sufficiently independent from conflicts of interest with political actors, including elected officials, political parties, news media, labor unions, nonprofit or non-governmental organizations which advocate for changes political or social policy through issuers, other activists affiliated with such actors, and activist investors which advocate for changes in corporate policy primarily unrelated to the pecuniary interest of the issuer; and (ii) conceding to the demands of such political actors without undertaking due care. (8) The prominent, open, and public facial violation of these norms by large corporate issuers that are significant to the national economy undermine the commercial purpose and nationwide availability of the national market system for securities by spending corporate resources on non-commercial and divisive, political and partisan causes. (9) The threat these actions pose to the national market system for securities establishes a public interest in ensuring large corporate issuers that are significant to the national economy— (A) have adequate internal procedural mechanisms to ensure the accountability of boards of directors and other corporate actors with respect to their adherence with the norms described in this section; and (B) do not unduly burden the ability of stockholders to assert claims for breach of fiduciary duty under State law where the actions at issue in such claims facially violates those norms. 3. Listing requirement relating to procedural privileges for certain shareholder claims The Securities Exchange Act of 1934 ( 15 U.S.C. 78a et seq. ) is amended by inserting after section 10D ( 15 U.S.C. 78j–4 ) the following: 10E. Procedural privileges for certain shareholder claims (a) Definitions In this section: (1) Claimant The term claimant means— (A) a person that brings a covered claim; or (B) if a covered claim is brought as a class action, the representative of the class in that action. (2) Controller The term controller means any person or entity that has control, directly or indirectly, by any means (as those terms are defined under applicable State law), over the board of directors of an issuer, either— (A) generally; or (B) with respect to an action at issue in a covered claim. (3) Covered claim The term covered claim — (A) means any single cause of action that— (i) asserts a claim for breach of fiduciary duty owed by any corporate defendant to the applicable issuer (or the shareholders of the applicable issuer) resulting from material action by any covered corporate actor with respect to the applicable issuer— (I) that is taken primarily in response to a law (including a regulation) that is enacted by a State, or a bill that is introduced in the legislature of a State or policy otherwise publicly proposed by an elected official of a State, which shall include if such action includes any prohibition of business within that State by an issuer, whether with respect to business services or travel to, or major events in, that State, that is facially unrelated to the pecuniary interest of the applicable issuer, which shall presumptively include if the law bill, or policy would modify, establish, or create a law relating to— (aa) the manner in which elections are conducted in the State; (bb) protecting religious freedom; or (cc) limiting the availability of services that include the abortion of unborn children; (II) to prohibit the sale of goods or services by any covered corporate actor with respect to the applicable issuer to customers who operate in an industry with which the issuer engages in such business primarily on the basis of a characteristic of that industry that is facially unrelated to the pecuniary interest of the applicable issuer; (III) to promote a covered divisive concept; or (IV) for which the reasoning publicly presented by any covered corporate actor with respect to the applicable issuer as— (aa) any basis for such action promotes a covered divisive concept; or (bb) the primary basis for such action is facially unrelated to the pecuniary interest of the applicable issuer, which shall presumptively include any reference to diversity, equity, or inclusion with respect to the composition of the workforce, management, or board of directors of the issuer or society in general; and (ii) is brought by a covered shareholder as— (I) a direct action; or (II) a derivative action or proceeding brought on behalf of the applicable issuer; and (B) does not include a cause of action that asserts a claim for the breach of fiduciary duty owed by any corporate defendant to the applicable issuer (or the shareholders of that issuer) resulting from— (i) a charitable contribution by any covered corporate actor with respect to the applicable issuer; (ii) the exercise of religion by any covered corporate actor with respect to the applicable issuer; (iii) business activity by any covered corporate actor in connection with the national security of the United States, the Armed Forces, or veterans of the Armed Forces; or (iv) the limitation of business by any covered corporate actor with respect to the applicable issuer— (I) occurring in the jurisdiction of, or with an agent of the People’s Republic of China, the Russian Federation, North Korea, Iran, Syria, Sudan, Venezuela, or Cuba; (II) in connection with preventing the abuse of internationally recognized worker rights, as defined in section 507 of the Trade Act of 1974 ( 19 U.S.C. 2467 ); (III) with any entity that derives directly or indirectly more than de minimis gross revenue through the sale of products or services, or the presentation of any depictions or displays, of a prurient sexual nature; (IV) with any entity that engages in a commerce- or investment-related boycott, divestment, or sanctions activity that targets Israel; or (V) that is required under Federal, State, or local law. (4) Covered company The term covered company means an issuer that has, as calculated in accordance with section 240.12b–2 of title 17, Code of Federal Regulations, or any successor regulation— (A) a public float of more than $20,000,000,000; or (B) annual revenues of more than $5,000,000,000. (5) Covered corporate actor The term covered corporate actor means— (A) an issuer; (B) a director, officer, or affiliate of an issuer; (C) a controller with respect to an issuer; or (D) any person acting in the capacity of an officer or agent of an issuer. (6) Corporate defendant The term corporate defendant means any individual who— (A) is a director, officer, affiliate of an issuer, or controller; and (B) may be named as a defendant in a cause of action for breach of fiduciary duty under applicable State law. (7) Covered divisive concept The term covered divisive concept means any concept described in section 2(a) of Executive Order 13950 ( 5 U.S.C. 4103 note; relating to combating race and sex stereotyping). (8) Covered shareholder (A) In general The term covered shareholder means a shareholder that as of the date on which a covered claim with respect to the issuer is filed and at all times during which the covered claim described in subparagraph (A) is pending have continuously owned not less than— (i) $2,000 in market value of the issuer’s securities for at least three years; (ii) $15,000 in market value of the issuer’s securities for at least two years; or (iii) $25,000 in market value of the issuer’s securities for at least one year. (9) Director The term director means, with respect to an issuer, a member of the board of directors of the issuer. (10) Investment adviser; private fund The terms investment adviser and private fund have the meanings given the terms in section 202 of the Investment Advisers Act of 1940 ( 15 U.S.C. 80b–2 ). (11) Investment company The term investment company has the meaning given the term in section 3 of the Investment Company Act of 1940 ( 15 U.S.C. 80a–3 ). (12) Issuer The term issuer means an issuer with a class of securities registered pursuant to section 12. (13) Non-pecuniary investment entity The term non-pecuniary investment entity means— (A) any investment company or private fund that invests, reinvests, or trades, or proposes to invest, reinvest, or trade in, or that exercises any control right with respect to any security primarily on a basis that is facially unrelated to the pecuniary interest of any beneficiary of such company or fund for which such activity occurs with respect to such security; (B) any investment advisor that provides any advice that is not a charitable contribution— (i) that is for compensation; and (ii) the basis for which is primarily unrelated to the pecuniary interest of the party receiving the advice; (C) any entity that engages in activism with respect to issuers to which section 14 applies for which the primary basis of such activism is facially unrelated to the pecuniary interest of the issuers to which such activism is directed, including— (i) nominating candidates for election as directors of those issuers; or (ii) making shareholder proposals pursuant to that section; and (D) any labor organization, as defined in section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ), or pension fund affiliated with a labor organization. (b) Requirements (1) Rules Not later than 1 year after the date of enactment of the Mind Your Own Business Act of 2021, the Commission shall, by rule, direct the national securities exchanges and national securities associations to prohibit the listing of any security of any covered company that is not in compliance with the requirements of this section. (2) Issuer requirements The rules issued under paragraph (1) shall require each issuer, to the maximum extent permitted by State law, in the articles of incorporation or bylaws of the issuer, to provide, with respect to any covered claim, that any corporate defendant with respect to the issuer that is named as a defendant in the covered claim shall— (A) be bound by the presumptions established under subsection (c) with respect to any factual representation made in connection with the covered claim, including any factual representation relating to whether a claim asserted is a covered claim; (B) have the burden of proof with respect to any determination of independent business judgment; (C) if the claimant obtains a judgment on the merits in the covered claim, be jointly and severally liable for money damages to the claimant in an amount that is not less than the greater of— (i) treble damages; or (ii) 2 times the total compensation paid by the issuer to all directors of the issuer for the year in which the primary action alleged in the covered claim substantially occurred, which shall include the market value of all securities issued as compensation to those directors in that year; (D) if the claimant obtains all or some of the relief sought in the covered claim, whether by court order, settlement, voluntary change in the conduct of the defendant, or otherwise, reimburse the claimant for the greatest amount permitted by law with respect to all fees, costs, and expenses of every kind and description (including all reasonable attorney’s fees and other litigation expenses) that the claimant may obtain in connection with the covered claim; and (E) not be indemnified by the issuer for any liability, loss (including attorney’s fees, judgments, fines, or amounts paid in settlement) incurred or suffered in connection with the covered claim. (c) Presumptions For the purposes of this section, the following presumptions shall apply with respect to any covered claim, including with respect to any factual representation relating to whether a claim asserted is a covered claim: (1) Pecuniary interest There shall be a presumption that the pecuniary interest of an issuer, which shall include the best interest of the issuer to the extent that such interest is substantially similar to the pecuniary interest of the issuer, does not include— (A) the morale of, or ability of the issuer to hire or retain, supervisory employees in general; (B) the diversity of the board of directors, management, or workforce in general with respect to any characteristic protected by section 703 of the Civil Rights Act of 1964 (42 2000e–2); (C) the public relations, image, value of marketing, or coverage by the news media of the issuer; or (D) any financial benefit or reduction in cost, including the cost of capital to the issuer, to the extent the pecuniary benefit of or to such benefit or reduction in cost is caused by the— (i) investment in the securities of the issuer by a non-pecuniary investment entity; or (ii) inclusion of the securities of the issuer in indexes created by index providers that select those indexes on a primarily non-pecuniary basis or that include such securities in any index on a primarily non-pecuniary basis. (2) Demand excused For the purpose of determining whether demand is excused with respect to a covered claim, there shall be a presumption that a director is not independent if the director is employed, controlled, or nominated by, or otherwise has a history of affiliation with a non-pecuniary investment entity or any affiliate of a non-pecuniary investment entity. (d) Rules of construction Nothing in this section may be construed— (1) to limit the exercise of religion, as defined in section 5 of the Religious Freedom Restoration Act of 1993 ( 42 U.S.C. 2000bb–2 ) of any issuer or any director, officer, or affiliate of an issuer; or (2) as establishing a fiduciary duty by any corporate defendant or corporate actor. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2829is/xml/BILLS-117s2829is.xml
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117-s-2830
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II 117th CONGRESS 1st Session S. 2830 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Rubio (for himself, Mr. Hagerty , and Ms. Collins ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL Making supplemental appropriations 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 the fiscal year ending September 30, 2022, and for other purposes, namely: Department of Defense Procurement Procurement, defense-wide For an additional amount for Procurement, Defense-Wide , $1,000,000,000, to remain available until September 30, 2024, for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats: Provided , That such funds shall be provided to address emergent requirements in support of Operation Guardian of Walls: Provided further , That such funds shall be transferred pursuant to an exchange of letters and are in addition to funds provided pursuant to the U.S.-Israel Iron Dome Procurement Agreement, as amended: Provided further , That nothing in the preceding provisos shall be construed to apply to amounts made available in prior appropriations Acts for the procurement of the Iron Dome defense system: Provided further , That such amount is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. General provisions—This Act 101. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 102. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022. This Act may be cited as the Iron Dome Supplemental Appropriations Act, 2022 .
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https://www.govinfo.gov/content/pkg/BILLS-117s2830is/xml/BILLS-117s2830is.xml
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117-s-2831
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II 117th CONGRESS 1st Session S. 2831 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee (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 require the National Flood Insurance Program to accept mid-term cancellations of flood insurance coverage if the insured acquires alternative coverage.
1. Short title This Act may be cited as the Flood Insurance Flexibility Act . 2. Refund of premiums Chapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ) is amended by inserting after section 1307 ( 42 U.S.C. 4014 ) the following: 1307A. Refund of premiums (a) Definitions In this section— (1) the term new alternate policy , with respect to an NFIP policy, means another policy for duplicate flood insurance coverage for the same property obtained from a source other than the National Flood Insurance Program under this title; and (2) the term NFIP policy means a policy for flood insurance coverage for a property that is made available under this title. (b) Required refund Notwithstanding any other provision of law, if at any time an insured under an NFIP policy cancels the policy because a new alternate policy has been obtained, the Administrator shall refund to the former insured a portion of the premiums paid for the coverage made available under this title, as determined consistent with industry practice according to the portion of the term of the NFIP policy for which coverage was in effect, but only if a copy of the declarations page of the new alternate policy is provided to the Administrator. (c) Effective date of cancellation For purposes of this section, a cancellation of an NFIP policy for the reason specified in subsection (b) shall be effective— (1) on the effective date of the new alternate policy, if the Administrator receives the request for the cancellation during the 180-day period beginning on the effective date of the new alternate policy; or (2) on the date of the receipt by the Administrator of the request for cancellation, if the Administrator receives the request after the 180-day period beginning on the effective date of the new alternate policy. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2831is/xml/BILLS-117s2831is.xml
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117-s-2832
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II 117th CONGRESS 1st Session S. 2832 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee (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 prohibit the National Flood Insurance Program from providing flood insurance subsidies for single-family residences that are valued at more than $1,000,000, and for other purposes.
1. Short title This Act may be cited as the No NFIP Subsidies for Millionaires Act . 2. Prohibition on flood insurance subsidies for single-family homes valued at over $1,000,000 Section 1307 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4014 ) is amended— (1) by redesignating subsection (h) as subsection (i); and (2) by inserting after subsection (g) the following: (h) Prohibition on subsidies for single-Family homes valued at over $1,000,000 The premium rate for flood insurance under this title for a property consisting of 1 residence with an assessed value, at the time of acquiring or renewing the flood insurance policy, of more than $1,000,000— (1) shall be based on sound actuarial principles; and (2) shall not be subject to any cap on the increase in the premium rate for flood insurance. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2832is/xml/BILLS-117s2832is.xml
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117-s-2833
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II 117th CONGRESS 1st Session S. 2833 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee (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 amend the National Flood Insurance Act of 1968 to address the premium rates for certain properties under the National Flood Insurance Program, and for other purposes.
1. Short title This Act may be cited as the NFIP Underwater Properties Act . 2. Extreme repetitive loss structures Chapter I of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4011 et seq. ) is amended by adding at the end the following: 1326. Extreme repetitive loss structures (a) Definition In this section, the term extreme repetitive loss structure means a structure that— (1) is covered under a contract for flood insurance made available under this title; and (2) has incurred flood-related damage for which, during a 10-year period, not fewer than 2 separate claims payments have been made under flood insurance coverage under this title, with the cumulative amount of such claims exceeding 120 percent of the assessed value of the structure, as of the date on which the first such claim payment is made. (b) Treatment of structures Notwithstanding any other provision of this title, if, after the date on which a structure qualifies as an extreme repetitive loss structure, the structure incurs flood-related damage for which a claim under flood insurance coverage under this title is filed with the Administrator— (1) the Administrator shall assess the claim in accordance with the requirements of this title and any other applicable provision of law or regulation; and (2) after resolution of the claim— (A) the Administrator shall prescribe a chargeable risk premium rate with respect to the structure that represents an actuarially sound rate; and (B) the rate described in subparagraph (A) shall not be subject to the limitation under section 1308(e)(1), unless— (i) the Administrator— (I) performs an examination of the structure; and (II) determines that the structure is not located in an area having special flood hazards; or (ii) the most recent flood insurance rate map published by the Administrator does not indicate that the structure is located in an area having special flood hazards. .
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https://www.govinfo.gov/content/pkg/BILLS-117s2833is/xml/BILLS-117s2833is.xml
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117-s-2834
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II 117th CONGRESS 1st Session S. 2834 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Durbin (for himself, Mr. Cassidy , and Ms. Duckworth ) 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 preserve access to rehabilitation innovation centers under the Medicare program.
1. Short title This Act may be cited as the Dr. Joanne Smith Memorial Rehabilitation Innovation Centers Act of 2021 . 2. Preserving access to rehabilitation innovation centers under Medicare (a) In general Section 1886(j)(7)(E) of the Social Security Act ( 42 U.S.C. 1395ww(j)(7)(E) ) is amended— (1) by striking Public availability of data submitted .—The and inserting “ Public availability of data submitted .— (i) In general The ; and (2) by inserting after clause (i), as redesignated by paragraph (1), the following new clauses: (ii) Public recognition of rehabilitation innovation centers Beginning not later than one year after the date of the enactment of this clause, the Secretary shall make publicly available on such Internet website, in addition to the information required to be reported on such website under clause (i), a list of all rehabilitation innovation centers, and shall update such list on such website not less frequently than biennially. In carrying out the activities under this clause, the Secretary shall disseminate research, best practices, and other clinical information identified or developed by such rehabilitation innovation centers to, as appropriate, Federal agencies, hospitals, health professional organizations, and national and State accreditation bodies. (iii) Rehabilitation innovation centers defined For purposes of clause (ii), the term rehabilitation innovation centers means a rehabilitation facility that, as of the applicable date (as defined in clause (v)), is a rehabilitation facility described in clause (iv). (iv) Rehabilitation facility described A rehabilitation facility described in this clause is a rehabilitation facility that— (I) is classified as a rehabilitation facility under the IRF Rate Setting File for the Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2019 (83 Fed. Reg. 38514), or any successor regulations that contain such information; (II) holds, as of the applicable date at least one Federal rehabilitation research and training designation for research projects on traumatic brain injury or spinal cord injury from the National Institute on Disability, Independent Living, and Rehabilitation Research at the Department of Health and Human Services, based on such data submitted to the Secretary by a facility, in a form, manner, and time frame specified by the Secretary; (III) submits to the Secretary a description of the clinical research enterprise of the facility and a summary of research activities of the facility that are supported by Federal agencies; (IV) has a minimum Medicare estimated weight per discharge of 1.20 for the most recent fiscal year for which such information is available according to the IRF Rate Setting File described in subclause (I), or any successor regulations that contain such information; and (V) has a minimum teaching status of 0.075 for the most recent fiscal year for which such information is available according to the IRF Rate Setting File described in subclause (I), or any successor regulations that contain such information. (v) Applicable date defined For purposes of clauses (iii) and (iv), the term applicable date means— (I) with respect to the initial publication of a list under clause (ii), the date of the enactment of such clause; and (II) with respect to the publication of an updated list under clause (ii), a date specified by the Secretary that is not more than one year prior to the date of such publication. (vi) Implementation Notwithstanding any other provision of law the Secretary may implement clauses (ii) through (v) by program instruction or otherwise. (vii) Nonapplication of Paperwork Reduction Act Chapter 35 of title 44, United States Code, shall not apply to data collected under clauses (ii) through (v). . (b) Report Not later than March 15, 2022, the Secretary of Health and Human Services shall submit to Congress a report containing any recommendations for such legislation or administrative action as the Secretary determines appropriate to preserve access to rehabilitation innovation centers (as defined in section 1886(j)(7)(E)(iii) of the Social Security Act, as added by subsection (a)).
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https://www.govinfo.gov/content/pkg/BILLS-117s2834is/xml/BILLS-117s2834is.xml
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117-s-2835
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II 117th CONGRESS 1st Session S. 2835 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Durbin (for himself, Mr. Leahy , and Mr. Ossoff ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To terminate authorizations for the use of military force and declarations of war no later than 10 years after the enactment of such authorizations or declarations.
1. Short title This Act may be cited as the Accountability for Endless Wars Act of 2021 . 2. Termination of authorizations for the use of military force and declarations of war (a) Future authorizations for the use of military force and declarations of war Any authorization for the use of military force or declaration of war enacted into law after the date of enactment of this Act shall terminate on the date that is 10 years after the date of enactment of such authorization or declaration. (b) Existing authorizations for the use of military force and declarations of war Any authorization for the use of military force or declaration of war enacted before the date of the enactment of this Act shall terminate on the date that is 6 months after the date of such enactment.
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https://www.govinfo.gov/content/pkg/BILLS-117s2835is/xml/BILLS-117s2835is.xml
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117-s-2836
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II 117th CONGRESS 1st Session S. 2836 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Manchin (for himself, Mr. Barrasso , Mr. King , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To improve revegetation and carbon sequestration activities in the United States, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the America’s Revegetation and Carbon Sequestration Act of 2021 . (b) Title 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—Revegetation Sec. 101. Climate adaptation and resilient forests and rangeland measures. Sec. 102. National revegetation effort. Sec. 103. Experimental forests. Sec. 104. Long-term contracts for tree and seed planting. Sec. 105. Tree planting for communities. Sec. 106. Revegetation on abandoned mine land. Sec. 107. International reforestation. TITLE II—Carbon sequestration through forest management and innovation Sec. 201. Forest management from carbon credits. Sec. 202. Recovery and restoration treatments following stand-replacing disturbances. Sec. 203. Biochar and wood waste. Sec. 204. Eradication of invasive grasses. TITLE III—Mass timber Sec. 301. Definitions. Sec. 302. Joint mass timber science and education program. Sec. 303. Storing carbon in Federal buildings. TITLE IV—Research Sec. 401. Longevity of forest products. Sec. 402. Forest inventory and analysis. Sec. 403. Bioeconomy research. Sec. 404. Insurance product to replace buffers. Sec. 405. Forest health threat centers. 2. Findings Congress finds that— (1) revegetation efforts can meet multiple goals, including guarding against climate change, improving conservation and habitats, securing public water supplies, and providing for economic and cultural benefits; (2) a range of practical constraints, including cost, available infrastructure, and whether land has been converted to other uses that are unlikely to be abandoned, significantly limit the areas that are viable for revegetation projects, and hence revegetation projects must be targeted; (3) reforestation projects should occur in areas that were historically forested but have become degraded or impacted from wildfire events, windstorms, or other events, rather than other natural habitats, such as grasslands; (4) forests and rangelands are important for storing carbon; (5) established forests and native rangelands, including actively managed forests and rangelands, are preferable to new forests and rangelands that are a result of revegetation efforts, because intact forests and vegetation communities are more effective at sequestration and are more resilient to fire, storm, and drought; (6) natural regrowth of forests and rangelands is cheaper and more efficient than revegetation projects, as long as nonnative invasive species are not adversely impacting the landscape; (7) native plant development and restoration generates sustainable private sector jobs in a wide variety of sectors; (8) selecting the appropriate species of trees and of other vegetation and promoting biodiversity using a mixture of species naturally found in the local area, rare species, and species of economic importance are crucial to the success of revegetation efforts; (9) species selected for revegetation efforts and the specified planting density and structure should be suitable for the local climate, taking into account future climate resilience and other considerations; (10) scientific knowledge should be combined with local knowledge, and site conditions should be taken into account, in developing revegetation projects, and ideally small-scale planting trials should take place before planting large numbers of trees; (11) partnerships with local communities are key to the success of tree and vegetation planting projects because local people often have the most to gain from those projects; (12) a successful planting project must include a plan on how to source seeds or seedlings that match desired species and genetics, and that plan should involve working with local stakeholders; (13) the sustainability of revegetation projects is dependent on the economic impacts for all stakeholders; and (14) invasive grasses are a catalyst for wildfires in forests and rangelands. 3. Definitions In this Act: (1) Carbon sequestration The term carbon sequestration means the capture and long-term storage of atmospheric carbon dioxide. (2) National Forest System The term National Forest System has the meaning given the term in section 11(a) of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1609(a) ). (3) Secretaries The term Secretaries means the Secretary of the Interior and the Secretary of Agriculture, acting through the Chief of the Forest Service. (4) Secretary Except in sections 103, 105(b), 201, 202, and 302, the term Secretary means the Secretary of the Interior. (5) Secretary concerned The term Secretary concerned means the Secretary of the Interior or the Secretary of Agriculture, acting through the Chief of the Forest Service. I Revegetation 101. Climate adaptation and resilient forests and rangeland measures (a) In general Not later than 2 years after the date of enactment of this Act, the Secretaries shall each revise applicable regulations of the Secretary concerned to require the consideration and assessment of resiliency and adaptation factors in developing strategies and efforts for revegetation, including reforestation and rangeland planting, carried out by the Secretary concerned, including in selecting species for planting. (b) Effect Nothing in this section affects— (1) the reforestation requirements under section 3 of the Forest and Rangeland Renewable Resources Planning Act of 1974 ( 16 U.S.C. 1601 ); or (2) the use of the forest plan revision process to make changes to reforestation approaches in an individual unit of the National Forest System. 102. National revegetation effort (a) Definitions In this section: (1) Federal land The term Federal land means— (A) National Forest System land, except— (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); and (ii) National Forest System land east of the 100th meridian; and (B) land under the jurisdiction of the Secretary. (2) Task force The term task force means an interagency revegetation task force established under subsection (d). (3) Zone The term zone means a zone described in subsection (c). (b) Assessment of revegetation needs (1) Federal land assessment (A) In general Not later than 1 year after the date of enactment of this Act, the Secretaries shall assess, using the revegetation assessment tool described in paragraph (2), the number of acres of Federal land in need of revegetation, including— (i) acres that have experienced a stand-replacing disturbance by a wildfire, windstorm, or other natural event; (ii) acres on which a regeneration harvest has previously taken place; and (iii) acres that could benefit from appropriate revegetation, as determined by the Secretaries. (B) Ecological forestry In conducting the assessment under subparagraph (A), the Secretaries shall consider the role of recovery periods between disturbances for the development of stand complexity. (2) Revegetation assessment tool Not later than 180 days after the date of enactment of this Act, the Secretaries shall jointly develop, or use or expand an existing, objective revegetation assessment tool for each zone that uses a point system or rating scale— (A) to consistently assess in various geographic areas, site classes, and forest and rangeland types whether an acre of Federal land is adequately occupied by well-distributed, countable, ecologically appropriate trees or other desirable vegetation; (B) to assist rapidly assessing revegetation needs on Federal land; and (C) to establish baseline conditions for Federal land. (3) Forest and rangeland cover restoration on non-Federal land (A) Partnership for forest and rangeland cover restoration The Secretaries may enter into a partnership with a non-Federal entity, including Indian Tribes, with data or expertise in Federal reforestation— (i) to assess the opportunity to restore forest or rangeland cover across non-Federal land in the United States; or (ii) to share existing data gathered by the non-Federal entity. (B) Savings clause Nothing in this paragraph grants the Secretary concerned any additional authority over or additional access to non-Federal land. (4) Report Not later than 18 months after the date of enactment of this Act, the Secretaries shall publish a report describing— (A) the number of acres of— (i) Federal land in need of revegetation; and (ii) non-Federal land in the United States on which forest or rangeland cover can be restored and the owner of which has requested to be included in a comprehensive revegetation strategy and implementation plan developed under subsection (e)(2)(A); and (B) the approximate location of the land described under subparagraph (A). (c) Regional zones for revegetation efforts The Secretaries shall use the regions of the National Forest System as the zones for revegetation efforts conducted by the task forces under this section. (d) Interagency task forces Not later than 18 months after the date of enactment of this Act, the Secretaries shall establish an interagency revegetation task force of Federal and non-Federal members, including Indian Tribes, for each zone— (1) to coordinate and carry out the activities described in subsections (e), (f), and (g); and (2) to maximize collaboration and shared science and mapping resources among Federal and non-Federal entities, including Indian Tribes, in revegetating land in each zone, including through the use of— (A) Department of Agriculture climate hubs; (B) collaboratives formed pursuant to section 4003 of the Omnibus Public Land Management Act of 2009 ( 16 U.S.C. 7303 ); and (C) partnerships with States developed under shared stewardship agreements. (e) Comprehensive revegetation strategy and implementation plans (1) Data review Each task force— (A) shall review the report published under subsection (b)(4); and (B) may modify, for the applicable zone, the number of acres of land in need of revegetation and the approximate location of the land identified in the report, as necessary. (2) Plan development (A) In general Not later than 180 days after the date on which a task force is established, the task force shall develop a 10-year comprehensive revegetation strategy and implementation plan— (i) to revegetate not less than 25 percent of the land identified in the report published under subsection (b)(4), as modified under paragraph (1)(B) (if applicable), for the applicable zone; and (ii) to achieve any additional goals or targets established by the task force. (B) Requirements A plan developed under subparagraph (A) shall— (i) take into account the best available science, best practices, and available deployment tools, including climate science that can inform the design of revegetated areas to assure resilience; (ii) be based on, to the maximum extent practicable, the report published under subsection (b)(4); (iii) identify resources and efforts needed to conduct appropriate revegetation treatments in the applicable zone, including identifying areas in which capacity exists to plant vegetation or conduct seed dispersal; (iv) identify the desired, locally or regionally adapted native species of vegetation and the types planting stock required in the specific areas in the zone in need of revegetation, including ecosystems that do not include trees, such as sagebrush ecosystems, grasslands, or rangelands; (v) identify under-represented species of trees and plants in each zone that can be acquired and should be planted under this section; (vi) prioritize geographic areas in the applicable zone in need of revegetation, including giving priority to— (I) burned areas and any other destabilized land that pose heightened risks to homes, roads, and public water supplies if not revegetated; (II) areas at high risk of establishing invasive species; (III) mined land; (IV) floodplains and riparian areas; and (V) land with regionally significant carbon sequestration potential; (vii) identify— (I) targets or goals for the number of acres planted annually; and (II) other implementation actions and opportunities; (viii) identify areas in which— (I) vegetation restoration is needed; but (II) natural regeneration is the most effective means of restoration; (ix) identify areas in which revegetation efforts— (I) may cause an increased risk of a stand-replacing wildfire, disease, or insect infestation, if not properly managed; or (II) would be adverse to livestock grazing or use by wildlife; (x) consider treatments that increase the carbon sequestration capacity of forests, rangelands, and grasslands; (xi) provide for— (I) consideration of palatability to support grazing by wildlife and livestock; and (II) coordination with State wildlife agencies, rangeland management professionals, and ranchers; (xii) incorporate the data and strategy relating to nurseries and the availability of planting stock described in subsection (g); (xiii) for activities recommended to be carried out on non-Federal land— (I) identify ways to address revegetation needs voluntarily by working with States, landowners, Indian Tribes, and other interested persons; and (II) ensure that revegetation efforts will not adversely impact existing markets for timber and other forest materials produced from private working forests; (xiv) provide an explanation for any land not included in the implementation portion of the plan that was identified in the report published under subsection (b)(4), as modified under paragraph (1)(B) (if applicable); (xv) utilize an experimental approach, where appropriate; and (xvi) be consistent with any applicable agency land management plans. (C) Exceptions Notwithstanding subparagraph (B)(iv), a task force may determine that the selection and use of certain desirable, noninvasive, nonnative species is appropriate in certain limited circumstances, based on localized ecological conditions, as determined by the task force. (3) Plan modifications A task force may modify a plan developed under paragraph (2) to address new circumstances or changing conditions. (f) Implementation of plans (1) In general During the 10-year period beginning on the date on which a plan for a zone is completed under subsection (e)(2), the task force, in coordination with applicable Federal agencies, shall implement the plan. (2) Outside funding To implement a plan developed under subsection (e)(2), the Secretary concerned may— (A) accept non-Federal funds, including leveraging funding opportunities relating to voluntary carbon mitigation; and (B) issue a certificate of donation, as appropriate. (3) Voluntary participation In implementing a plan under this subsection, any activities carried out on non-Federal land shall be carried out— (A) in cooperation with the owner of the non-Federal land; and (B) only on a voluntary basis. (4) Enterprise team The Secretary concerned may employ a Forest Service enterprise team to facilitate the implementation of a plan developed under subsection (e)(2). (g) Challenges to the reforestation pipeline in the united states (1) In general A task force shall— (A) not later than 60 days after the date on which the task force is established, conduct an inventory of nurseries, an assessment of nursery capacity, and a tally of available planting stock in the applicable zone; and (B) based on the report published under subsection (b)(4), as modified under subsection (e)(1)(B) (if applicable)— (i) estimate the capacity of nurseries that would be necessary to fulfill revegetation needs, including identifying the species and types of planting stock needed for revegetation; and (ii) develop a plan for increasing the number and capacity of nurseries, in accordance with the estimates under clause (i). (2) Seed collecting A task force shall— (A) assess the current capacity to locally collect and store seed; and (B) develop a plan for increasing capacity described in subparagraph (A), if necessary. (3) Partnerships The Secretaries may enter into a partnership with a non-Federal entity to assist a task force in meeting the requirements of this subsection. (h) Report to Congress Not later than 1 year after the date of enactment of this Act, and annually thereafter until the date on which each plan developed under subsection (e)(2) is fully implemented, the Secretaries shall submit to 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 Department of the Interior, a report that describes, with respect to the preceding year— (1) whether the Secretaries have achieved compliance with the requirements of this section; (2) the total number of acres of land, reported by surface ownership in each zone, in need of revegetation treatments; (3) the total number of acres of land, reported by surface ownership in each zone, in which revegetation treatments have been carried out; (4) any other accomplishments and improvements to carbon sequestration capacity or other co-benefits as a result of implementing a plan under subsection (e)(2); and (5) any barriers to implementation of a plan developed under subsection (e)(2), including as a result of legal issues, logistical issues, seed or sapling shortages, or lack of funding. (i) Partnerships The Secretaries may enter into a memorandum of agreement with any member of a task force to carry out any activity described in subsection (e), (f), (g), or (h). (j) Effect Nothing in this section establishes new, extends existing, or otherwise affects post-fire rehabilitation no-grazing requirements. (k) Avoidance of duplication In carrying out this section, the Secretaries shall— (1) avoid duplicative efforts and, to the maximum extent practicable, utilize existing efforts and personnel to develop and implement an activity described in subsection (e), (f), (g), or (h); (2) maximize non-Federal involvement; and (3) avoid using personnel who would otherwise be engaged in forest management or wildfire mitigation efforts. 103. Experimental forests (a) Purposes of this section The purposes of this section are— (1) to formally authorize the experimental forests and rangelands on National Forest System land existing on the date of enactment of this Act; and (2) to require that— (A) the network of those experimental forests and rangelands be maintained in perpetuity; and (B) climate resiliency research is continuously conducted within the network. (b) Establishment of network The Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the Secretary ), shall establish and manage a network of experimental forests and ranges on National Forest System land (referred to in this section as the network ). (c) Management purposes The Secretary shall manage the network for the purposes of— (1) research; (2) technology transfer; and (3) education. (d) Criteria The network shall include— (1) each of the forest cover types that occur in the United States, as defined by the Forest Cover Types of the United States and Canada published by the Society of American Forests; (2) an experimental forest that contains forest cover types found in the State of Hawaii; and (3) an experimental forest that contains forest cover types found in the territories of the United States. (e) Climate resiliency research Within the network, the Secretary shall conduct research, including research on— (1) seedling establishment, site suitability, and tree planting designs to inform and assist efforts undertaken in the United States to establish stands of trees that are resilient in future climate conditions; and (2) the sources and fates of carbon to construct and improve models of carbon responses to land management practices. (f) Public access All data collected and research findings developed from projects undertaken on the network shall be made readily accessible to the public. (g) Partners The Secretary may enter into an agreement with a State (including a State forestry agency), an educational institution, or a third party to fund or conduct research on the network. (h) Report Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing, with respect to the network— (1) the location of the network on National Forest System land; (2) the forest cover types included in the network; and (3) any additional resources needed— (A) to establish or maintain infrastructure in an established experimental forest; or (B) to conduct the research described in subsection (d). (i) Savings clause Nothing in this section— (1) modifies, limits, or repeals the applicability of any provision of law (including regulations) to National Forest System land; or (2) precludes the Secretary from authorizing multiple-use activities, including livestock grazing and other authorized uses on land included within the network. 104. Long-term contracts for tree and seed planting (a) In general Notwithstanding the Federal Acquisition Regulation, the Secretary concerned may enter into a contract or cooperative agreement for re-establishing vegetation on Federal land described in subsection (b). (b) Federal land Federal land referred to in subsection (a) is— (1) National Forest System land, other than— (A) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); and (B) National Forest System land east of the 100th meridian; (2) public lands (as defined in section 103 of the Federal Land Policy and Management Act of 1976 ( 43 U.S.C. 1702 )); (3) land that the Secretary holds in trust for an Indian Tribe; (4) a unit of the National Wildlife Refuge System; (5) land administered by the Bureau of Reclamation; and (6) a unit of the National Park System. (c) Term A contract or cooperative agreement described in subsection (a) shall be for a term of not more than 10 years. 105. Tree planting for communities (a) Job corps program The Secretary of Labor shall— (1) develop a career and technical education and training program focused on tree planting or tree maintenance; and (2) offer the program as part of the Job Corps program. (b) Retail power provider tree planting grant program (1) Establishment The Secretary of Energy (referred to in this subsection as the Secretary ), in consultation with the Secretaries, shall establish a program under which the Secretary shall award grants to States, Indian Tribes, local governments, nonprofit organizations, and retail power providers to conduct tree planting projects in accordance with this subsection (referred to in this subsection as the program ). (2) Applications An entity seeking to receive a grant under the program shall submit to the Secretary an application at such time, in such form, and containing such information as the Secretary may require, including a description of how the project to be carried out using the grant funds will reduce residential energy consumption. (3) Priority In awarding grants under the program, the Secretary shall— (A) give priority to tree planting projects that would provide the largest potential reduction in residential energy consumption for households; and (B) for projects to be carried out in an urbanized area of the United States, analyze tree equity scores to prioritize socioeconomically disadvantaged neighborhoods with the greatest need. (4) Variety of geographic locations In awarding grants under the program, the Secretary shall ensure diverse and equitable geographic representation among the grant recipients. (5) Cost-share (A) Federal share Subject to subparagraph (C), the Federal share of the cost of a tree planting project carried out using a grant under the program shall be not more than 50 percent. (B) Non-federal share The non-Federal share of the cost of a tree planting project carried out using a grant under the program may be in the form of— (i) cash or donations received directly from non-Federal sources; or (ii) in-kind contributions. (C) Waiver The Secretary may, on a case-by-case basis, increase the Federal share described in subparagraph (A) if a tree planting project carried out using a grant under the program is located wholly in an economically distressed community. 106. Revegetation on abandoned mine land (a) Pilot program (1) Establishment Using funding available to the Secretary, the Secretary shall establish a pilot program to establish native trees, shrubs, or grasses (referred to in this section as vegetation ) on eligible mined land described in paragraph (6). (2) Financial assistance In carrying out the pilot program established under paragraph (1), the Secretary shall— (A) in coordination with the Secretary of Agriculture, establish vegetation on eligible mined land located on Federal land; (B) offer financial assistance to States to establish native vegetation on eligible mined land located on State land; (C) offer financial assistance to Indian Tribes to establish native vegetation on eligible mined land located on Tribal land or land held in Trust for an Indian Tribe; and (D) establish vegetation or offer financial assistance to States or other entities to establish native vegetation on eligible mined land located on private land. (3) Compatibility with existing operations (A) Consultation Prior to selecting a project for funding under the pilot program established under paragraph (1), the Secretary shall consult with, as applicable, the relevant Office of Surface Mining Reclamation and Enforcement abandoned mine land program office to confirm that the proposed project is compatible with any current mining, exploration, or reclamation activities. (B) Restriction The Secretary shall not provide financial assistance under paragraph (2) to a person or entity with an ongoing legal obligation to revegetate the land in a project area. (4) Activities The following activities associated with a project to establish vegetation on eligible mined land shall be eligible for financial assistance under paragraph (2): (A) Site preparation, including ripping compacted soils and incorporating soil amendments. (B) Vegetation planting. (C) Maintenance, including watering, to the extent necessary to establish vegetation under this section. (D) Managing competing vegetation. (5) Preference Under the pilot program established under paragraph (1), the Secretary shall, to the maximum extent practicable, seek to establish vegetation that— (A) is ecologically appropriate; and (B) (i) has a high capacity to sequester and store carbon; (ii) serves to reconnect established landscapes or enhance habitat connectivity; or (iii) would establish wildlife habitat that is underrepresented in the State in which the project is located. (6) Eligible mined land To be eligible for financial assistance under paragraph (2), a tree planting project shall be located on— (A) land that was mined prior to the date of enactment of this Act; (B) in the case of State land or private land, land that is accessible to the public for not less than 1 day per year; and (C) in the case of private land, land owned by a person, or a nongovernmental organization, that has submitted to the Secretary or the State in which the land is located a request seeking to participate in the pilot program under this section. (7) Termination The pilot program established under paragraph (1) shall be in effect for the 8-year period beginning on the date of enactment of this Act. (b) Report Not later than 18 months after the date of enactment of this Act, the Secretary shall submit to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives a report describing the accomplishments of the pilot program established under subsection (a)(1), including— (1) jobs created or supported in rural areas; (2) increases in the abundance of wildlife species, including game species and song birds; (3) opportunities for hunting and other compatible outdoor recreation; and (4) an estimate of— (A) carbon sequestered during the 5-year period beginning on the date on which the pilot program is established; and (B) projected additional carbon sequestration and storage during the 15-year period beginning on the last day of the period described in subparagraph (A). 107. International reforestation The Secretary of Agriculture, acting through the Chief of the Forest Service, may— (1) evaluate a request from another country for technical assistance for tree planting activities; (2) subject to the evaluation under paragraph (1) and the availability of Forest Service personnel and funding, provide to another country technical assistance for tree planting activities, including sharing— (A) personnel; and (B) knowledge through communications and technical on-site instruction; and (3) enter into a partnership with a nongovernmental entity that is located outside the United States or that is located in the United States and operates internationally— (A) to engage in activities that restore vegetation; and (B) to promote and improve global carbon sequestration through revegetation activities. II Carbon sequestration through forest management and innovation 201. Forest management from carbon credits (a) Definitions In this section: (1) Carbon credit The term carbon credit means a carbon or greenhouse gas credit, offset, or other defined unit— (A) approved by a credible, third-party entity; and (B) as determined by the Secretary. (2) Carbon credit program The term carbon credit program means a voluntary program or market that issues, assigns, trades, or sells carbon credits. (3) Covered activity The term covered activity means an improved forest management activity, including a hazardous fuel treatment, mechanical thinning, or timber harvesting project, that is— (A) ecologically appropriate; (B) carried out on National Forest System land; (C) designed— (i) to increase rates of carbon sequestration; (ii) to increase long-term carbon storage in durable wood products; or (iii) to mitigate or avoid carbon emissions; (D) carried out by— (i) the Secretary; or (ii) a non-Federal entity under any existing authority available to the Secretary; and (E) not in competition with or adverse to the issuance, assignment, trading, or selling of forest carbon in the private sector. (4) National Forest System The term National Forest System does not include— (A) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); or (B) National Forest System land east of the 100th meridian. (5) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Funds associated with carbon credits for forest management (1) In general The Secretary may use to support the implementation of covered activities, without further appropriation or fiscal year limitation, funds received from a non-Federal entity— (A) through a carbon credit program; or (B) for a carbon credit generated from National Forest System land. (2) Supplement, not supplant Amounts made available under paragraph (1) shall supplement, and not supplant, any other amounts made available for covered activities. (c) Management of carbon credit transactions by national forest foundation (1) In general The National Forest Foundation shall receive and distribute any funds received under subsection (b)(1). (2) Other partners The National Forest Foundation may work with other entities that use funds received through a carbon credit program or for a carbon credit generated from National Forest System land to design, manage, account for, or implement a covered activity. (3) Methodology For the management of transactions described in this section, the National Forest Foundation, in collaboration with the Secretary, shall develop and use a methodology that calculates the predicted increase in carbon sequestration or in the longevity of long-term carbon storage for a project or the avoided release of carbon due to reduction of the risk of high-severity fire and other disturbances, by considering— (A) retention of forest cover; (B) carbon sequestration rates before and after the implementation of a covered activity; (C) reduction in the risk of tree mortality; (D) restoration of historic fire regimes; and (E) the long-term storage of carbon in long-lasting wood products. (d) Reports to congress The Secretary, in collaboration with the National Forest Foundation, shall annually submit to Congress a report describing the status of the program under this section, including— (1) the extent to which additional covered activities that were implemented with funding received under subsection (b)(1) have been carried out; and (2) any recommendations to improve or expand the program, including expansion of the authorities under this section to land managed by the Secretary of the Interior. (e) Effect Nothing in this section authorizes any activity that is inconsistent with— (1) any applicable forest plan; or (2) any other provision of law (including regulations). 202. Recovery and restoration treatments following stand-replacing disturbances (a) Definition of stand-Replacing disturbance In this section, the term stand-replacing disturbance means a natural disturbance event, including a wildland fire or other event, that kills all or most of the living overstory trees in a stand and initiates forest succession or regrowth on a unit of the National Forest System. (b) Pilot national forests Not later than 1 year after the date of enactment of this Act, the Secretary of Agriculture, acting through the Chief of the Forest Service (referred to in this section as the Secretary ), shall identify units of the National Forest System that the Secretary determines to be at high or very high risk of experiencing a stand-replacing disturbance during the 10-year period following the date of enactment of this Act. (c) Interdisciplinary teams (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary shall establish an interdisciplinary post-disturbance planning team (referred to in this section as the team ) to assist in carrying out the requirements of this section. (2) TEAMS Enterprise The Secretary may employ a Forest Service enterprise team or a regional planning center to meet the requirement of this subsection. (d) Model Land and Resource Management Plan Amendment (1) In general Not later than 2 years after the date of enactment of this Act, the Secretary, in cooperation with the team, shall develop a model land and resource management plan amendment establishing plan content for future site-specific project-level decisions if a stand-replacing disturbance occurs on units of the National Forest System identified under subsection (b). (2) Content The model amendment required under paragraph (1) shall include direction regarding post-disturbance management, including salvage logging and reforestation activities, to achieve desired conditions, objectives, standards, guidelines, suitability of lands, and other plan content, including goals and monitoring provisions, of the existing land and resource management plan on the applicable unit of the National Forest System, if a stand-replacing disturbance occurs. (3) Use of Model Land and Resource Management Plan Amendment The Secretary shall utilize the Model Land and Resource Management Plan Amendment, as adapted to the unique ecological and socioeconomic setting for each unit of the National Forest System identified under subsection (b), in carrying out subsection (e). (e) Land and Resource Management Plan Amendments (1) In general As soon as practicable, but not later than 10 years, after the date of enactment of this Act, the Secretary, assisted by the team, shall amend the applicable land and resource management plan of each unit of the National Forest System identified under subsection (b). (2) Process The Secretary shall comply with all relevant laws in carrying out this section. (3) Election The Secretary may comply with the provisions of this section by incorporating the requirements of this section into an ongoing land and resource management plan revision or amendment process. 203. Biochar and wood waste (a) Food and Drug Administration biochar pilot program (1) In general The Commissioner of Food and Drugs (referred to in this subsection as the Commissioner ), in consultation with the Secretary of Agriculture and in coordination with States, shall establish a pilot program to grant a nationwide food use authorization of biochar as a feed additive for cattle. (2) Terms The pilot program described in this subsection shall be— (A) for a period of not more than 5 years; and (B) subject to any conditions that the Commissioner determines appropriate. (3) Savings clause The Commissioner shall ensure that participation in the pilot program under this subsection is voluntary. (b) USGS commercialization plan (1) In general Not later than 1 year after the date of enactment of this Act, the Secretary, acting through the Director of the United States Geological Survey, in coordination with any relevant non-Federal entities, shall develop and publish a national commercialization plan for the production, sale, and use of biochar as a soil amendment for plant growth improvement, including for commercial, agricultural, and residential use. (2) Requirement The commercialization plan required under paragraph (1) shall, at a minimum— (A) identify— (i) impediments to producing large quantities of biochar for agricultural, forestry, or other commercial uses; and (ii) solutions for those impediments; and (B) propose a framework for demonstration efforts to increase consumer demand for biochar. 204. Eradication of invasive grasses (a) Definitions In this section: (1) Action plan The term action plan means the action plan developed under subsection (b). (2) Federal land The term Federal land means— (A) National Forest System land, except— (i) the national grasslands and land utilization projects administered under title III of the Bankhead-Jones Farm Tenant Act ( 7 U.S.C. 1010 et seq. ); and (ii) National Forest System land east of the 100th meridian; and (B) land under the jurisdiction of the Secretary. (3) Invasive grass The term invasive grass means— (A) cheatgrass; (B) ventenata; (C) medusahead; and (D) any additional invasive, nonnative annual grass species that the Secretaries determine pose a risk by— (i) increasing fire vulnerability and fire spread; and (ii) altering fire regimes. (4) Target treatment area The term target treatment area means a target treatment area described in subsection (b)(2)(D). (b) Action plan (1) In general The Secretaries shall jointly develop and implement an action plan to map, treat, and control invasive grass— (A) to promote the resiliency, biodiversity, and carbon sequestration capacity of forests, rangelands, and grasslands; (B) to minimize risks from wildfire; and (C) to enhance the quality of forage for wildlife and livestock. (2) Requirements The action plan shall— (A) consider or incorporate existing efforts; (B) take into account— (i) the latest science; (ii) best practices; and (iii) available deployment tools; (C) be prepared in coordination with State and local governmental entities and the heads of other Federal agencies, including the Chief of the Natural Resources Conservation Service, that are engaged in activities to control invasive grass to leverage and maximize funding and resources; (D) identify and depict on a map target treatment areas that focus on— (i) areas with a large quantity of invasive grass where revegetation with native species is most likely to succeed; (ii) areas at high risk of wildfire; (iii) areas in which invasive grass negatively impacts livestock grazing or other uses; (iv) wildlife habitat and forage needs, particularly sagebrush habitat; (v) areas prone to infestations; or (vi) areas deemed important by the Secretaries; (E) establish— (i) specific goals; (ii) specific implementation actions that the Secretaries and partners of the Secretaries will conduct over a 5-year period; and (iii) targets, including acres to be treated annually in the target treatment areas; (F) provide for a combination of treatment methods for the most effective control of an invasive grass, including— (i) mechanical treatment methods; (ii) cultural treatment methods; (iii) biological treatment methods, which may include livestock grazing; (iv) prescribed fire; and (v) chemical treatment methods; (G) identify and implement, to the extent practicable, best practices, such as the use of spray washing stations, to reduce the spreading of invasive grass seed adjacent to infested areas or into noninfested areas; (H) identify methods and tools for the post-treatment monitoring of target treatment areas to determine the effectiveness of a treatment and control efforts; (I) initiate and expedite environmental reviews for treatments, as required by applicable law, including identifying— (i) methods for achieving timely decisions and implementation for treatments, monitoring, and follow-up treatments based on monitoring; and (ii) maximizing opportunities to cooperate with other Federal and State agencies in analysis, assessments, and studies; and (J) establish guidelines that— (i) if native, intact grasses are absent within a target treatment area and the target treatment area is prone to high-risk vectors or pathways— (I) identify geographically based desirable, native seed mix and seed reserves; (II) prioritize reseeding the area in the target treatment area; and (III) monitor for the presence of new invasive grass and promptly treat any invasive grass present; and (ii) if, after conducting a treatment, desirable native grasses are established and dominant in a target treatment area, provide for the natural restoration of native grasses. (3) Deadline to finalize action plan Not later than 270 days after the date of enactment of this Act, the Secretaries shall finalize the action plan. (4) Implementation of action plan (A) In general Not later than 60 days after the date on which the action plan is finalized under paragraph (3), the Secretaries shall begin implementing the action plan. (B) Memoranda of understanding and agreements In implementing the action plan, the Secretary concerned may enter into a memorandum of understanding or an agreement with non-Federal entities, as appropriate, to carry out activities under the action plan to control the spread of an invasive grass on Federal land or land adjacent to Federal land. (C) Cooperating agency coordination The Secretary concerned shall, to the extent practicable, offer to assist in the preparation of environmental reviews that may be necessary in implementing treatment and control activities on non-Federal land. (c) Reports to Congress Not later than 18 months after the date of enactment of this Act, and annually thereafter during the period in which the action plan is being implemented, the Secretaries shall submit to Congress a report assessing the effectiveness of the action plan that includes a description of— (1) the location of the target treatment areas; (2) the number of acres within target treatment areas on which treatments were conducted; (3) the agreements or partnerships entered into under subsection (b)(4)(B) to advance the implementation of the action plan; (4) monitoring information described in subsection (b)(2)(H); and (5) recommendations for studies to explore innovative methods and practices to treat and control invasive grass. (d) Funding (1) Outside funding The Secretary concerned may accept non-Federal funds to implement any provision of this section. (2) Other funding In addition to any funding received under paragraph (1), the Secretaries may expend to carry out this section up to $30,000,000 of any funding made available to the Secretary concerned for invasive species control. (3) Limitations Of the amounts made available to carry out this section, not more than 10 percent shall be used for development of the action plan. III Mass timber 301. Definitions In this title: (1) Local approving agency The term local approving agency means an agency or unit of a local government that is responsible for the issuance of permits for building construction. (2) Mass timber The term mass timber includes— (A) cross-laminated timber; (B) nail laminated timber; (C) glue laminated timber; (D) dowel laminated timber; (E) laminated strand lumber; and (F) laminated veneer lumber. (3) Procuring agency The term procuring agency means the Department of the Interior, the Forest Service, or a person that is a party to a contract with the Department of the Interior or the Forest Service, with respect to work performed under such a contract. (4) Tall wood building The term tall wood building means a building designed to be— (A) constructed with mass timber; and (B) (i) if a residential building, more than 4 stories in height; and (ii) if a commercial building, more than 5 stories in height. 302. Joint mass timber science and education program (a) Mass timber science and education program with the forest products laboratory The Secretary of Agriculture, acting through the Director of the Forest Products Laboratory of the Forest Service (referred to in this section as the Secretary ), shall establish a mass timber science and education program to respond to the emerging research needs of architects, developers, and the forest products industry. (b) Coordination The Secretary shall work closely with research programs at colleges and universities in administering the mass timber science and education program established under subsection (a) to supplement the current research and educational efforts of colleges and universities. (c) Purposes The mass timber science and education program established under subsection (a) shall have the following principal purposes: (1) To provide practical research responsive to the needs of architects, developers, and the forest products industry, including assessments of carbon impacts in the originating forests and the end use of mass timber in the built environment. (2) To engage and listen to clients and then develop focused, strategic lines of new research responsive to those needs, which may include research relating to flammability and performance during a fire, structural characteristics, energy use and savings, acoustics, and slab construction composed of hybrid materials. (3) To solicit proposals from scientists who compete for funding through a rigorous peer-review process designed to ensure the best projects are funded. (4) To disseminate research findings using a suite of communication tools to ensure that architects, developers, and the forest products industry are aware of, understand, and can use the information to make sound decisions and implement projects. (5) To develop and facilitate the adoption, on a voluntary basis, of a curriculum for building structures using mass timber for use in schools of engineering and architecture that includes— (A) structural design; and (B) the possibilities, benefits, and limitations of using mass timber in construction. (d) Mass timber plan Not later than September 30, 2022, the Secretary shall submit to the relevant committees of Congress a mass timber plan that includes— (1) an assessment of the current state of knowledge about mass timber and tall wood buildings; (2) an integrated approach to improve knowledge sharing; (3) an approach for project monitoring and evaluation; and (4) an approach for setting research priorities. (e) Stakeholder advisory group (1) Membership The Secretary shall appoint a stakeholder advisory group of technical experts that consists, at a minimum, of— (A) a Forest Service scientist; (B) a researcher from a college or university; (C) a representative of a trade association; (D) an architect or developer; (E) a representative of a local approving agency; (F) a representative of a forest products company; and (G) a representative of a nongovernmental organization with experience— (i) designing or constructing tall wood buildings; or (ii) complying with or revising related building codes. (2) Duties The stakeholder advisory group shall meet at least annually— (A) to consider immediate and long-term science needs; (B) to suggest to the Secretary appropriate topic areas, specific issues within those topic areas, and information transfer needs for which the Secretary shall solicit proposals described in subsection (c)(3); and (C) to assist the Secretary in drafting the mass timber plan required under subsection (d). (f) Assistance The Secretary may provide to the Secretary of Transportation and to States technical assistance relating to the use of wood in bridges when undergoing revisions to a State bridge design manual. (g) Availability of appropriations From amounts appropriated for Forest Service research, excluding funding made available for the Forest Inventory and Analysis program, the Secretary may use $4,000,000 to carry out the activities described in this section. 303. Storing carbon in Federal buildings (a) Mass timber buildings database and plan (1) Database The Secretaries, in coordination with any other relevant agencies, shall develop and maintain a running database of mass timber buildings that are owned or leased by the Federal Government and are occupied primarily by employees of the Secretaries (referred to in this subsection as the database ). (2) Assessment The Secretary of Agriculture, acting through the Director of the Forest Products Laboratory of the Forest Service, shall conduct an assessment of each mass timber building included in the database, which shall include collecting data on the embodied carbon of the materials used in the construction of the mass timber buildings included in the database. (3) Plan (A) In general The Secretaries shall prepare a plan to increase the quantity of carbon stored in buildings that are owned or leased by the Federal Government and are occupied primarily by employees of Secretaries. (B) Plan submission Not later than 1 year after the date of enactment of this Act, the Secretaries shall submit the plan under subparagraph (A) to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives . (C) Material neutrality The plan submitted by the Secretaries shall be, to the maximum extent practicable, material neutral, and may include using mass timber, carbon concrete, and any other materials. (b) Minimum purchases (1) In general Not later than September 30, 2025, subject to the exceptions listed in paragraph (2), the Secretaries shall procure facilities, buildings, or structures, including not fewer than 100 single-occupancy restrooms, using domestic mass timber. (2) Exceptions The Secretaries may decide not to procure facilities, buildings, or structures using domestic mass timber if the Secretaries determine that the items— (A) are not reasonably available within a reasonable period of time; (B) fail to meet the reasonable performance standards of the procuring agencies; (C) are not necessary to support the mission of the applicable agency; or (D) are available only at an unreasonable price. (c) Coordination and technical assistance The Secretary of Agriculture, acting through the Director of the Forest Products Laboratory of the Forest Service, may coordinate with other Federal agencies and non-Federal partners for the purpose of improving the management and efficiency of constructing mass timber buildings and infrastructure. IV Research 401. Longevity of forest products The Secretary of Energy, in coordination with the Secretary of Agriculture, shall— (1) develop more accurate and efficient methods and technologies to measure and monitor the amount and average lifespan of carbon stored in woody biomass energy feedstocks and building materials; (2) by not later than 2 years after the date of enactment of this Act, publish estimates of the amount and average lifespan of carbon stored in different woody biomass energy feedstocks and building materials, including in short-lived forest products and long-lived wood products; and (3) by not later than 3 years after the date of enactment of this Act, publish an estimate of the total amount of carbon stored in— (A) short-lived forest products; (B) building materials; and (C) other long-lived wood products. 402. Forest inventory and analysis (a) In general To bring more innovation and efficiency to climate-resilient forestry actions in the United States, the Secretary of Agriculture, acting through the Chief of the Forest Service— (1) shall publish a report, or expand on a report being published pursuant to another provision of law, that demonstrates the efforts of the Forest Service— (A) to measure a consistent historical series of field plots while using advanced technology, including remote sensing, to improve data and information; and (B) to use advanced geospatial technologies to improve area and volume estimates, especially for sub-State regions and smaller area estimates; (2) may use remote sensing technologies and other technologies to develop more accurate and efficient methods and to reduce costs to facilitate the measuring and monitoring of forest carbon in the United States, in a manner that can— (A) assess landscape-scale or regional-scale carbon stocking; (B) improve the quantity and quality of the information available to policy makers and forest managers, including with regard to forest inventories and verification activities; (C) empower private forest owners to participate in voluntary carbon crediting opportunities; and (D) enable— (i) a policy maker to compare the consequences of policy options to increase climate benefits from forests; and (ii) an assessment of the effectiveness of a policy implemented to increase the climate benefits from forests; and (3) may accelerate, or increase the frequency of, current inventories and data collection activities across all forest types to ensure consistent nationwide estimates of forest carbon pools that can reflect short-term changes from disturbances, such as wildfires, and management activities. (b) Funding The Secretary of Agriculture, acting through the Chief of the Forest Service, may annually use to carry out this section not more than $10,000,000 of any amount made available to the Forest Service for research. 403. Bioeconomy research The Secretary of Agriculture, acting through the Director of the Forest Products Laboratory of the Forest Service, shall expand research relating to the use of wood— (1) to facilitate the establishment of new markets, including nontraditional markets, for material produced from forest management projects that typically has little or no commercial value; (2) to increase the economic viability of manufacturing products using material described in paragraph (1); and (3) including structural testing of hardwood species for use in mass timber. 404. Insurance product to replace buffers The Secretary of Agriculture, acting through the Chief of the Forest Service, may— (1) establish an intragovernmental revolving fund to maintain adequate buffer reserves for a project implementing a covered activity (as defined in subsection (a) of section 201) under that section to cover unforeseen losses in carbon stocks to address nonpermanence; and (2) transfer amounts into and out of the intragovernmental revolving fund established under paragraph (1) to serve as a buffer pool for covered activities referred to in paragraph (1). 405. Forest health threat centers The Secretary of Agriculture, acting through the Chief of the Forest Service, shall— (1) seek to expand the services provided by the Western Wildland Environmental Threat Assessment Center and the Eastern Forest Environmental Threat Assessment Center such that those Centers become centers of excellence to inform large-scale climate-resilient forest management; and (2) share the syntheses, models, and application tools developed by the Western Wildland Environmental Threat Assessment Center and the Eastern Forest Environmental Threat Assessment Center with— (A) the Department of Agriculture climate hubs; and (B) the Climate Adaptation Science Centers managed by the Secretary, acting through the Director of the United States Geological Survey.
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II 117th CONGRESS 1st Session S. 2837 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Braun 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 clarify rules relating to drug discounts for covered entities.
1. Short title This Act may be cited as the 340B Accountability Act of 2021 . 2. Drug discounts and audits for covered entities Section 340B(a)(5)(C) of the Public Health Service Act ( 42 U.S.C. 256b(a)(5)(C) ) is amended— (1) by striking A covered entity shall permit and inserting the following: (i) Duplicate discounts and drug resale A covered entity shall permit ; and (2) by adding at the end the following: (i) Use of savings A covered entity shall permit the Secretary to audit, at the Secretary's expense, the records of the entity to determine how net income from purchases under this section are used by the covered entity. (ii) Records retention A covered entity shall retain such records and provide such records and reports as determined necessary by the Secretary for carrying out this subparagraph. .
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II 117th CONGRESS 1st Session S. 2838 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Portman (for himself, Ms. Klobuchar , Mr. Peters , and Ms. Hassan ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require the Director of the Government Publishing Office to establish and maintain an online portal accessible to the public that allows the public to obtain electronic copies of all congressionally mandated reports in one place, and for other purposes.
1. Short title This Act may be cited as the Access to Congressionally Mandated Reports Act . 2. Definitions In this Act: (1) Congressional leadership The term congressional leadership means the Speaker, majority leader, and minority leader of the House of Representatives and the majority leader and minority leader of the Senate. (2) Congressionally mandated report (A) In general The term congressionally mandated report means a report of a Federal agency that is required by statute to be submitted to either House of Congress or any committee of Congress or subcommittee thereof. (B) Exclusions (i) Patriotic and national organizations The term congressionally mandated report does not include a report required under part B of subtitle II of title 36, United States Code. (ii) Inspectors general The term congressionally mandated report does not include a report by an office of an inspector general. (iii) National security exception The term congressionally mandated report does not include a report that is required to be submitted to one or more of the following committees: (I) The Select Committee on Intelligence, the Committee on Armed Services, the Committee on Appropriations, or the Committee on Foreign Relations of the Senate. (II) The Permanent Select Committee on Intelligence, the Committee on Armed Services, the Committee on Appropriations, or the Committee on Foreign Affairs of the House of Representatives. (3) Director The term Director means the Director of the Government Publishing Office. (4) Federal agency The term Federal agency has the meaning given the term federal agency under section 102 of title 40, United States Code, but does not include the Government Accountability Office or an element of the intelligence community. (5) Intelligence community The term intelligence community has the meaning given that term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (6) Open format The term open format means a file format for storing digital data based on an underlying open standard that— (A) is not encumbered by any restrictions that would impede reuse; and (B) is based on an underlying open data standard that is maintained by a standards organization. (7) Reports online portal The term reports online portal means the online portal established under section 3(a). 3. Establishment of online portal for congressionally mandated reports (a) Requirement To establish online portal (1) In general Not later than 1 year after the date of enactment of this Act, the Director shall establish and maintain an online portal accessible by the public that allows the public to obtain electronic copies of congressionally mandated reports in one place. (2) Existing functionality To the extent possible, the Director shall meet the requirements under paragraph (1) by using existing online portals and functionality under the authority of the Director. (3) Consultation In carrying out this Act, the Director shall consult with congressional leadership, the Clerk of the House of Representatives, the Secretary of the Senate, and the Librarian of Congress regarding the requirements for and maintenance of congressionally mandated reports on the reports online portal. (b) Content and function The Director shall ensure that the reports online portal includes the following: (1) Subject to subsection (c), with respect to each congressionally mandated report, each of the following: (A) A citation to the statute requiring the report. (B) An electronic copy of the report, including any transmittal letter associated with the report, in an open format that is platform independent and that is available to the public without restrictions, including restrictions that would impede the re-use of the information in the report. (C) The ability to retrieve a report, to the extent practicable, through searches based on each, and any combination, of the following: (i) The title of the report. (ii) The reporting Federal agency. (iii) The date of publication. (iv) Each congressional committee or subcommittee receiving the report, if applicable. (v) The statute requiring the report. (vi) Subject tags. (vii) A unique alphanumeric identifier for the report that is consistent across report editions. (viii) The serial number, Superintendent of Documents number, or other identification number for the report, if applicable. (ix) Key words. (x) Full text search. (xi) Any other relevant information specified by the Director. (D) The date on which the report was required to be submitted, and on which the report was submitted, to the reports online portal. (E) To the extent practicable, a permanent means of accessing the report electronically. (2) A means for bulk download of all congressionally mandated reports. (3) A means for downloading individual reports as the result of a search. (4) An electronic means for the head of each Federal agency to submit to the reports online portal each congressionally mandated report of the agency, as required by section 4. (5) In tabular form, a list of all congressionally mandated reports that can be searched, sorted, and downloaded by— (A) reports submitted within the required time; (B) reports submitted after the date on which such reports were required to be submitted; and (C) to the extent practicable, reports not submitted. (c) Noncompliance by Federal agencies (1) Reports not submitted If a Federal agency does not submit a congressionally mandated report to the Director, the Director shall to the extent practicable— (A) include on the reports online portal— (i) the information required under clauses (i), (ii), (iv), and (v) of subsection (b)(1)(C); and (ii) the date on which the report was required to be submitted; and (B) include the congressionally mandated report on the list described in subsection (b)(5)(C). (2) Reports not in open format If a Federal agency submits a congressionally mandated report that is not in an open format, the Director shall include the congressionally mandated report in another format on the reports online portal. (d) Deadline The Director shall ensure that information required to be published on the online portal under this Act with respect to a congressionally mandated report or information required under subsection (c) of this section is published— (1) not later than 30 days after the information is received from the Federal agency involved; or (2) in the case of information required under subsection (c), not later than 30 days after the deadline under this Act for the Federal agency involved to submit information with respect to the congressionally mandated report involved. (e) Exception for certain reports (1) Exception described A congressionally mandated report which is required by statute to be submitted to a committee of Congress or a subcommittee thereof, including any transmittal letter associated with the report, shall not be submitted to or published on the reports online portal if the chair of a committee or subcommittee to which the report is submitted notifies the Director in writing that the report is to be withheld from submission and publication under this Act. (2) Notice on portal If a report is withheld from submission to or publication on the reports online portal under paragraph (1), the Director shall post on the portal— (A) a statement that the report is withheld at the request of a committee or subcommittee involved; and (B) the written notification provided by the chair of the committee or subcommittee specified in paragraph (1). (f) Free access The Director may not charge a fee, require registration, or impose any other limitation in exchange for access to the reports online portal. (g) Upgrade capability The reports online portal shall be enhanced and updated as necessary to carry out the purposes of this Act. 4. Federal agency responsibilities (a) Submission of electronic copies of reports Not earlier than 30 days or later than 45 days after the date on which a congressionally mandated report is submitted to either House of Congress or to any committee of Congress or subcommittee thereof, the head of the Federal agency submitting the congressionally mandated report shall submit to the Director the information required under subparagraphs (A) through (D) of section 3(b)(1) with respect to the congressionally mandated report. Notwithstanding section 6, nothing in this Act shall relieve a Federal agency of any other requirement to publish the congressionally mandated report on the online portal of the Federal agency or otherwise submit the congressionally mandated report to Congress or specific committees of Congress, or subcommittees thereof. (b) Guidance Not later than 180 days after the date of enactment of this Act, the Director of the Office of Management and Budget, in consultation with the Director, shall issue guidance to agencies on the implementation of this Act. (c) Structure of submitted report data The head of each Federal agency shall ensure that each congressionally mandated report submitted to the Director complies with the open format criteria established by the Director in the guidance issued under subsection (b). (d) Point of contact The head of each Federal agency shall designate a point of contact for congressionally mandated reports. (e) Requirement for submission The Director shall not publish any report through the online portal that is received from anyone other than the head of the applicable Federal agency, or an officer or employee of the Federal agency specifically designated by the head of the Federal agency. 5. Changing or removing reports (a) Limitation on authority To change or remove reports Except as provided in subsection (b), the head of the Federal agency concerned may change or remove a congressionally mandated report submitted to be published on the reports online portal only if— (1) the head of the Federal agency consults with each committee of Congress or subcommittee thereof to which the report is required to be submitted (or, in the case of a report which is not required to be submitted to a particular committee of Congress or subcommittee thereof, to each committee with jurisdiction over the agency, as determined by the head of the agency in consultation with the Speaker of the House of Representatives and the President pro tempore of the Senate) prior to changing or removing the report; and (2) a joint resolution is enacted to authorize the change in or removal of the report. (b) Exceptions Notwithstanding subsection (a), the head of the Federal agency concerned— (1) may make technical changes to a report submitted to or published on the online portal; (2) may remove a report from the online portal if the report was submitted to or published on the online portal in error; and (3) may withhold information, records, or reports from publication on the online portal in accordance with section 6. 6. Withholding of information (a) In general Nothing in this Act shall be construed to— (1) require the disclosure of information, records, or reports that are exempt from public disclosure under section 552 of title 5, United States Code, or that may be withheld under section 552a of title 5, United States Code; or (2) impose any affirmative duty on the Director to review congressionally mandated reports submitted for publication to the reports online portal for the purpose of identifying and redacting such information or records. (b) Withholding of information (1) In general Consistent with subsection (a)(1), the head of a Federal agency may withhold from the Director, and from publication on the online portal, any information, records, or reports that are exempt from public disclosure under section 552 of title 5, United States Code, or that may be withheld under section 552a of title 5, United States Code. (2) National security Nothing in this Act shall be construed to require the publication, on the online portal or otherwise, of any report containing information that is classified, or the public release of which could have a harmful effect on national security. 7. Implementation (a) Reports submitted to Congress (1) In general This Act shall apply with respect to any congressionally mandated report which— (A) is required by statute to be submitted to the House of Representatives, or the Speaker thereof, or Senate, or the President or President Pro Tempore thereof, at any time before, on, or after the date of the enactment of this Act; or (B) is included by the Clerk of the House of Representatives or the Secretary of the Senate (as the case may be) on the list of reports received by the House of Representatives or Senate (as the case may be) at any time before the date of the enactment of this Act. (2) Transition rule for previously submitted reports To the extent practicable, the Director shall ensure that any congressionally mandated report described in paragraph (1) which was required to be submitted to Congress by a statute enacted before the date of the enactment of this Act is published on the online portal under this Act not later than 1 year after the date of the enactment of this Act. (b) Reports submitted to committees In the case of congressionally mandated reports which are required by statute to be submitted to a committee of Congress or a subcommittee thereof, this Act shall apply with respect to— (1) any such report which is first required to be submitted by a statute which is enacted on or after the date of the enactment of this Act; and (2) to the maximum extent practical, any congressionally mandated report which was required to be submitted by a statute enacted before the date of enactment of this Act unless— (A) the chair of the committee, or subcommittee thereof, to which the report was required to be submitted notifies the Director in writing that the report is to be withheld from publication; and (B) the Director publishes the notification on the online portal. (c) Access for congressional leadership Notwithstanding any provision of this Act or any other provision of law, congressional leadership shall have access to any congressionally mandated report. 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 Senate Budget Committee, provided that such statement has been submitted prior to the vote on passage.
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117-s-2839
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II 117th CONGRESS 1st Session S. 2839 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide an additional $1,000,000,000 for the Government of Israel to procure the Iron Dome defense system to counter short-range rocket threats, and for other purposes.
1. Provision of additional amount for the Government of Israel to procure the Iron Dome defense system to counter short-range rocket threats (a) Appropriation There is appropriated, out of any money in the Treasury not otherwise appropriated, for fiscal year 2022, for Procurement-Procurement, Defense-wide , $1,000,000,000, to remain available until September 30, 2024. (b) Availability (1) In general Of the amount appropriated by subsection (a), $1,000,000,000 shall be available for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats. (2) Conditions (A) Emergency requirements in support of Operation Guardian of the Walls Amounts available pursuant to paragraph (1) shall be provided to address emergent requirements in support of Operation Guardian of the Walls. (B) Exchange of letters and agreement Amounts available under paragraph (1) shall be transferred pursuant to an exchange of letters and are in addition to funds provided pursuant to the U.S.-Israel Iron Dome Procurement Agreement, as amended. (C) Rule of construction That nothing in this paragraph shall be construed to apply to amounts made available in prior appropriations Acts for the procurement of the Iron Dome defense system. (c) Supplement, not supplant The amount appropriated by subsection (a) shall supplement and not supplant any amounts already appropriated for the purpose described in subsection (b)(1).
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117-s-2840
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II 117th CONGRESS 1st Session S. 2840 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To permit civil actions against the United States for COVID–19 vaccination mandates.
1. Short title This Act may be cited as the Don't Jab Me Act . 2. Definitions In this Act: (1) Aggrieved individual The term aggrieved individual includes— (A) an individual who received a COVID–19 vaccine as a result of Executive Order 14043 to prevent the termination, or any other adverse consequence, of the employment of the individual with the Federal agency; (B) an individual who is required to receive a COVID–19 vaccine as a result of Executive Order 14043 to prevent the termination, or any other adverse consequence, of the employment of the individual with the Federal agency; (C) an individual who received a COVID–19 vaccine as a result of a Federal agency requirement (or required by their employer who is acting pursuant to a Federal requirement) as a condition of new or continued employment; and (D) an individual who is required by a Federal agency (or required by their employer who is acting pursuant to a Federal requirement) to receive a COVID–19 vaccine, or be faced with an adverse consequence, as a condition of new or continued employment. (2) Executive Order 14043 The term Executive Order 14043 means Executive Order 14043 (86 Fed. Reg. 50989; relating to requiring coronavirus disease 2019 vaccination for Federal employees). 3. Civil actions against the United States for COVID–19 vaccination mandates Any aggrieved individual may commence an action in an appropriate district court of the United States against the United States seeking declaratory or injunctive relief and to recover compensatory damages for injuries sustained as a result of a COVID–19 vaccination mandate. 4. Rule of construction Nothing in this Act may be construed to permit or otherwise authorize a COVID–19 vaccine mandate under Federal law (including regulations).
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117-s-2841
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II 117th CONGRESS 1st Session S. 2841 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to publicly disclose information regarding adverse effects of COVID–19 vaccines.
1. Short title This Act may be cited as the Transparency in COVID–19 Vaccination Act . 2. Public disclosure regarding COVID–19 vaccines The Secretary of Health and Human Services shall disclose to the public— (1) all adverse events that have arisen from administration of COVID–19 vaccines; (2) an outline of the statistical occurrence and likelihood of adverse events from administration of such vaccines; and (3) information concerning adverse effects of such vaccines taken from findings of clinical trials or other studies.
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117-s-2842
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II 117th CONGRESS 1st Session S. 2842 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To amend title 10, United States Code, to prohibit the Secretary of Defense from requiring that members of the Armed Forces receive a COVID–19 vaccine, and for other purposes.
1. Short title This Act may be cited as the Respecting Our Servicemembers Act . 2. Prohibition on COVID–19 vaccination requirements for members of the Armed Forces (a) In general Chapter 55 of title 10, United States Code, is amended by inserting after section 1110b the following new section: 1110c. Prohibition on COVID–19 vaccination requirement (a) In general The Secretary of Defense may not require any member of an Armed Force to receive a vaccine with respect to the Coronavirus Disease 2019 (COVID–19). (b) Member of an Armed Force defined In this section the term member of an Armed Force means a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, or Space Force, including any member of a reserve component thereof on active service or active status. . (b) 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 1110b the following new item: 1110c. Prohibition on COVID–19 vaccination requirement. .
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117-s-2843
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II 117th CONGRESS 1st Session S. 2843 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the imposition of a fine, fee, or taxation on any person for violation of a COVID–19 vaccine mandate issued by the Occupational Safety and Health Administration or any other executive agency, and for other purposes.
1. Short title This Act may be cited as the No Taxation Without Congressional Consent Act . 2. Prohibition on OSHA and other executive agencies imposing fines, fees, or taxes with respect to COVID–19 vaccine mandates (a) In general No fine, fee, or taxation shall be imposed on any person for violating a COVID–19 vaccine mandate issued by the Occupational Safety and Health Administration or any other executive agency. (b) Definitions In this section: (1) COVID–19 vaccine mandate The term COVID–19 vaccine mandate means any requirement that an individual receive a COVID–19 vaccine, including any requirement that an employer require an employee or independent contractor to receive such a vaccine. (2) Executive agency The term executive agency has the meaning given such term in section 105 of title 5, United States Code. (3) Person The term person has the meaning given such term in section 2510 of title 18, United States Code. (c) Rule of construction Nothing in this section shall be construed to allow for or otherwise authorize a COVID–19 vaccine mandate issued by an Act of Congress or by an executive agency.
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117-s-2844
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II 117th CONGRESS 1st Session S. 2844 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require the Secretary of Health and Human Services to publish all of its studies and findings related to COVID–19.
1. Short title This Act may be cited as the Transparency in COVID–19 Research Act . 2. Publication of studies and findings Not later than 14 days after the date of enactment of this Act, the Secretary of Health and Human Services shall publish all studies related to COVID–19 conducted by such Secretary and findings related to such studies, in a manner that maintains the privacy of any study participants.
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https://www.govinfo.gov/content/pkg/BILLS-117s2844is/xml/BILLS-117s2844is.xml
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117-s-2845
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II 117th CONGRESS 1st Session S. 2845 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Sullivan introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To provide support for energy infrastructure projects in the Indo-Pacific region, and for other purposes.
1. Short title This Act may be cited as the Indo-Pacific Strategic Energy Initiative Act . 2. Findings Congress makes the following findings: (1) The United States currently has an approximately 100-year supply of natural gas. (2) Natural gas will see increasing global demand and use beyond 2050. (3) United States natural gas production increased by 54 percent from 2005 to 2017. At the same time, total United States carbon dioxide emissions decreased by 14 percent. The natural gas share of electricity production increased from 19 percent in 2005 to 32 percent in 2017. (4) Between 2005 and 2019, carbon dioxide emissions from the United States power sector declined by 33 percent, with fuel switching to natural gas, accounting for more than half of those reductions. During that period, the United States economy grew by 20 percent, United States energy consumption fell by 2 percent, and per capita emissions dropped to their lowest levels since 1950. (5) Between 1990 and 2018, the natural gas and oil industry reduced methane emissions by 23.6 percent through voluntary actions, while expanding production by 70 percent. (6) Demand in the United States and globally for clean-burning natural gas and liquefied natural gas will continue to increase over the next several decades, even as renewable energy resources increase. (7) Demand for natural gas is rising in the Indo-Pacific region, particularly as countries look to make emissions cuts and transition from higher emissions fuel sources. (8) The expanding number of infrastructure projects in the Indo-Pacific region, carried out under the Belt and Road Initiative, is leading to higher emissions in the region. (9) According to the International Energy Agency, The number of countries and territories with [liquefied natural gas] import terminals has grown from nine in 2000 to 42 in 2020. . Further, the International Energy Agency has found that transition[s] in Asian gas markets [are] even more important in the wider context of global clean energy transitions, where natural gas will be required to make a more flexible contribution as the share of variable renewable energy sources grows and coal use progressively declines . (10) The United States saw a 66.3-percent increase in liquefied natural gas exports and an 11.2-percent increase in oil production in 2019. (11) As a result of the natural gas revolution, the United States petroleum trade deficit in dollars fell from about $320,000,000,000 in 2007 to about $3,000,000,000 in 2020, as net imports declined. (12) Australia and the United States are both important global energy exporters and thus have a shared interest in supplying the growing energy demand in the Indo-Pacific region. (13) Japanese companies have long invested in United States liquefied natural gas projects, including the Government of Japan shifting from relying on liquefied natural gas from the Middle East to liquefied natural gas from the United States. (14) The People's Republic of China currently is one of the largest financiers of overseas energy and greenhouse gas intensive projects. The People's Republic of China also uses those investments to project its influence and secure critical minerals supply chains and infrastructure. 3. Sense of Congress It is the sense of Congress that— (1) the United States reaffirms its commitment to quadrilateral cooperation with Japan, India, and Australia (collectively, with the United States, known as the Quad ), and that United States should continue to pursue strengthening cooperation in the energy sector in light of the global threats and challenges facing all 4 countries; (2) the Association of Southeast Asian Nations (commonly referred to as ASEAN ) and its 10 members (Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, the Philippines, Singapore, Thailand, and Vietnam) have worked with the United States toward stability, prosperity, and peace in Southeast Asia, and ASEAN will continue to remain a strong, reliable, and active economic and strategic partner in the Indo-Pacific region; (3) the United States and the Republic of Korea enjoy a comprehensive alliance partnership, founded in shared strategic interests and cemented by a commitment to democratic values, which includes recognizing the important role of energy cooperation through the United States-Republic of Korea Energy Security Dialogue; and (4) the United States has economic, national security, and domestic interests in assisting allies and partners in Indo-Pacific countries to reduce greenhouse gas emissions and achieve energy security through diversification of their energy sources and supply routes. 4. Statement of policy It is the policy of the United States— (1) to engage and lead on international emissions reductions and adaptation, including assisting allies and partners in reducing higher emissions fuel sources through exports of cleaner-burning United States-produced fuels and emission-reduction technologies; (2) to advance United States foreign policy and development goals by assisting allies and partners of the United States in the Indo-Pacific region to decrease their dependence on energy resources from countries that use energy dependence to coerce, intimidate, and influence other countries; (3) to develop strategies to counter competition from the Russian Federation and the People's Republic of China to protect the energy and national security of the United States and the energy and national security of allies and partners of the United States in the Indo-Pacific region; (4) to support free and open trade in clean-burning energy products and promote the continued development of lower-emissions energy fuels and technologies in the Indo-Pacific region; (5) to improve free, fair, and reciprocal energy trading relationships with allies and partners of the United States in the Indo-Pacific region; (6) to promote the energy security of allies and partners of the United States in the Indo-Pacific region by encouraging the development of energy infrastructure and accessible, transparent, and competitive energy markets that provide diversified sources, types, and routes of energy; (7) to encourage public and private sector investment in lower-emissions energy infrastructure projects in the Indo-Pacific region; (8) to supply countries that rely on higher emitting fuel sources with cleaner burning and abundant alternatives; and (9) to help facilitate the export of United States energy resources, technology, and expertise to global markets in a way that benefits the energy security of allies and partners of the United States in the Indo-Pacific region. 5. Energy infrastructure project support (a) In general The Secretary of State, in consultation with the Secretary of Energy, the heads of other relevant United States agencies, and energy-importing allies and partners of the United States, shall, as appropriate, prioritize and expedite the efforts of the Department of State, the Department of Energy, and such other agencies in supporting the governments of Japan, India, Australia, and other like-minded Indo-Pacific countries (including member countries of ASEAN and the Republic of Korea) to increase their energy security and reduce energy emissions, including through— (1) providing diplomatic and political support to those governments, as necessary— (A) to facilitate international negotiations concerning cross-border infrastructure; (B) to enhance the regulatory environment with respect to energy projects in the Indo-Pacific region; and (C) to develop accessible, transparent, and competitive energy markets supplied by diverse sources, types, and routes of energy; and (2) providing support— (A) to improve energy markets in the Indo-Pacific region, including early-stage project support and late-stage project support for the construction or improvement of energy projects and related infrastructure pertaining to emissions reduction; (B) to diversify the energy sources and supply routes of Indo-Pacific countries; and (C) to enhance energy market integration across the region. (b) Project selection (1) Identification The Secretary of State, the Secretary of Commerce, and the Secretary of Energy shall identify energy infrastructure projects that would be appropriate for United States assistance under this section. (2) Eligibility A project is eligible for United States assistance under this section if the project— (A) has been identified by the Secretary of State, the Secretary of Commerce, and the Secretary of Energy as promoting energy security in the Indo-Pacific region or the country in which the project is located; (B) promotes the reduction of greenhouse gas and carbon dioxide emissions; and (C) is located in an Indo-Pacific country. (3) Preference In selecting projects for United States assistance under this section, the Secretary of State, the Secretary of Commerce, and the Secretary of Energy shall give preference to projects that— (A) are expected to enhance energy market integration; or (B) have the potential to use goods and services of the United States, another Quad country, a member country of ASEAN, or the Republic of Korea, during project implementation. (c) Diplomatic and political support The Secretary of State shall provide diplomatic and political support to the governments of Japan, India, Australia, and other like-minded Indo-Pacific countries (including member countries of ASEAN and the Republic of Korea), as necessary, including by using the diplomatic and political influence and expertise of the Department of State to build the capacity of those countries to resolve any impediments to the development of projects selected under subsection (b). (d) Project support The Director of the Trade and Development Agency shall provide early-stage project support with respect to projects selected under subsection (b). 6. Infrastructure funding (a) Establishment of strategic energy portfolio of the United States International Development Finance Corporation Title V of the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9671 et seq. ) is amended by adding at the end the following: 1455. Strategic energy portfolio The Corporation— (1) may provide support under title II for projects related to importation of liquefied natural gas and generation of low emission electricity and other energy, including for such projects of entities owned or controlled by the government of a foreign country; (2) may not prohibit, restrict, or otherwise impede the provision of support on the basis of the type of energy involved in a project; and (3) should, in providing support authorized by paragraph (1), coordinate with the Japan Bank for International Cooperation and the Government of Australia pursuant to the trilateral memorandum of understanding on development finance signed on November 12, 2018. . (b) Promotion of energy exports by Export-Import Bank of the United States The Export-Import Bank Act of 1945 ( 12 U.S.C. 635 et seq. ) is amended by adding at the end the following: 16. Strategic energy portfolio (a) In general The Bank shall establish a strategic energy portfolio focused on providing financing (including loans, guarantees, and insurance) for projects described in subsection (b) that may facilitate— (1) increases in exports of United States energy commodities; or (2) the export of United States equipment, materials, and technology. (b) Projects described A project described in this subsection is a project related to— (1) construction of liquefied natural gas import terminals; (2) commercialization of carbon capture, utilization, and storage; (3) development of blue hydrogen infrastructure; or (4) other low emission energy infrastructure. . (c) Private and foreign public sector investment (1) Private sector investment The Secretary of Commerce and the Secretary of State shall promote the funding of projects selected under section 5 among United States energy producers and exporters. (2) Foreign public sector investment The heads of the agencies described in section 5(a) may, for the purposes of this Act, partner and coordinate with public and multilateral financial institutions and export credit agencies of Japan, India, Australia, and other Indo-Pacific countries (including member countries of ASEAN and the Republic of Korea), such as the Japan Bank for International Cooperation. 7. Reporting (a) In general Not later than one year after the date of the enactment of this Act, and annually thereafter, the President shall submit to the appropriate congressional committees a report on progress made in providing assistance for projects under this Act that includes— (1) a description of the energy infrastructure projects the United States has identified for such assistance; and (2) for each such project— (A) a description of the role of the United States in the project, including in early-stage project support and late-stage project support; (B) the amount and form of any debt financing and insurance provided by the United States Government for the project as well as any coordination with foreign public financial institutions or export credit agencies; (C) the amount and form of any debt financing and insurance provided by foreign public financial institutions or export credit agencies; (D) the amount and form of any early-stage project support; and (E) an update on the progress made on the project as of the date of the report. (b) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Energy and Natural Resources, and the Committee on Environment and Public Works of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Natural Resources of the House of Representatives.
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117-s-2846
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II 117th CONGRESS 1st Session S. 2846 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To require Federal agencies to acknowledge, accept, and agree to truthfully present, natural immunity pertaining to COVID–19 pursuant to promulgating certain regulations.
1. Short title This Act may be cited as the Natural Immunity Is Real Act . 2. Natural immunity to COVID–19 (a) In general Pursuant to any regulation promulgated by a Federal agency and 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 ) with respect to COVID–19, the applicable agency shall acknowledge, accept, agree to truthfully present, and incorporate, the consideration of natural immunity as it pertains to COVID–19 with respect to the individuals subject to the applicable regulations. (b) Definition For purposes of this section, the term natural immunity means immunity that is naturally existing. (c) Rule of construction Nothing in this section shall be construed to allow for, or authorize, a Federal vaccination mandate.
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117-s-2847
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II 117th CONGRESS 1st Session S. 2847 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the Federal Government from mandating vaccination against COVID–19 for interstate travel.
1. Short title This Act may be cited as the Let Me Travel America Act . 2. Limitation on authority of Surgeon General Section 361 of the Public Health Service Act ( 42 U.S.C. 264 ) is amended by adding at the end the following: (f) Nothing in this section shall be construed to provide the Surgeon General, the Secretary of Health and Human Services, or any Federal agency with the authority to mandate vaccination against Coronavirus Disease 2019 (COVID–19) as a prerequisite for interstate travel, transportation, or movement. . 3. Interstate common carriers (a) In general Chapter 805 of title 49, United States Code, is amended by adding at the end the following: 80505. COVID–19 vaccination status (a) In general An entity described in subsection (b) may not deny service to any individual solely based on the vaccination status of the individual with respect to the Coronavirus Disease 2019 (COVID–19). (b) Entity described An entity referred to in subsection (a) is a common carrier or any other entity, including a rail carrier (as defined in section 10102, including Amtrak), a motor carrier (as defined in section 13102), a water carrier (as defined in that section), and an air carrier (as defined in section 40102), that— (1) provides interstate transportation of passengers; and (2) is subject to the jurisdiction of the Department of Transportation or the Surface Transportation Board under this title. (c) Savings provision Nothing in this section applies to the regulation of intrastate travel, transportation, or movement, including the intrastate transportation of passengers. . (b) Clerical amendment The analysis for chapter 805 of title 49, United States Code, is amended by inserting after the item relating to section 80504 the following: 80505. COVID–19 vaccination status. . 4. Rule of construction Nothing in this Act, or an amendment made by this Act, shall be construed to permit or otherwise authorize Congress or an executive agency to enact or otherwise impose a COVID–19 vaccine mandate.
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117-s-2848
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II 117th CONGRESS 1st Session S. 2848 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To exempt individuals with a personal health concern from complying with a Federal COVID–19 vaccine mandate, and for other purposes.
1. Short title This Act may be cited as the Your Health Comes First Act . 2. Personal health exemption from COVID–19 vaccine mandates (a) In general Any COVID–19 vaccine mandate issued by an Act of Congress or by an executive agency shall include an exemption for any individual who has a concern with such mandate relating to that individual's health. (b) Definitions In this section: (1) COVID–19 vaccine mandate The term COVID–19 vaccine mandate means any requirement that an individual receive a COVID–19 vaccine, including any requirement that an employer require an employee or independent contractor to receive such a vaccine. (2) Executive agency The term executive agency has the meaning given such term in section 105 of title 5, United States Code. (c) Rule of construction Nothing in this section shall be construed to allow for or otherwise authorize a COVID–19 vaccine mandate issued by an Act of Congress or by an executive agency.
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117-s-2849
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II 117th CONGRESS 1st Session S. 2849 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To stipulate that nothing in Federal law provides a Federal agency with the authority to mandate that an individual be inoculated by a COVID–19 vaccine.
1. Short title This Act may be cited as the Prohibiting Forced Vaccination for COVID–19 Act . 2. No Federal authority to require vaccination Nothing in Federal law shall be construed to provide a Federal agency with the authority to mandate that an individual be inoculated by a COVID–19 vaccine.
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117-s-2850
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II 117th CONGRESS 1st Session S. 2850 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To exempt individuals from complying with a Federal COVID–19 vaccine mandate on the basis of a personal belief, and for other purposes.
1. Short title This Act may be cited as the Biden Can't Force Me Act . 2. Personal belief exemption from COVID–19 vaccine mandates (a) In general Any COVID–19 vaccine mandate issued by an Act of Congress or by an executive agency shall include an exemption for any individual who has a sincerely held belief that inclines the individual to refuse the receipt of a COVID–19 vaccine. (b) Definitions In this section: (1) COVID–19 vaccine mandate The term COVID–19 vaccine mandate means any requirement that an individual receive a COVID–19 vaccine, including any requirement that an employer require an employee or independent contractor to receive such a vaccine. (2) Executive agency The term executive agency has the meaning given such term in section 105 of title 5, United States Code. (c) Rule of construction Nothing in this section shall be construed to allow for or otherwise authorize a COVID–19 vaccine mandate issued by an Act of Congress or by an executive agency.
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https://www.govinfo.gov/content/pkg/BILLS-117s2850is/xml/BILLS-117s2850is.xml
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117-s-2851
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II 117th CONGRESS 1st Session S. 2851 IN THE SENATE OF THE UNITED STATES September 23, 2021 Mr. Lee introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To require an audit of COVID–19 relief funding.
1. Short title This Act may be cited as the Transparency in COVID–19 Expenditures Act . 2. COVID–19 relief funding audit (a) In general The Comptroller General of the United States shall conduct an audit of the use of all funding provided by the legislation described in subsection (b) and submit a report on the findings of such audit to Congress. (b) Legislation The legislation described in this subsection includes the following: (1) The Coronavirus Preparedness and Response Supplemental Appropriations Act, 2020 ( Public Law 116–123 ). (2) The Families First Coronavirus Response Act ( Public Law 116–127 ). (3) The Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 ). (4) The Paycheck Protection Program and Health Care Enhancement Act ( Public Law 116–139 ). (5) Divisions M and N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). (6) The American Rescue Plan Act of 2021 ( Public Law 117–2 ).
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117-s-2852
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II 117th CONGRESS 1st Session S. 2852 IN THE SENATE OF THE UNITED STATES September 27, 2021 Ms. Sinema (for herself and Mrs. Blackburn ) introduced the following bill; which was read twice and referred to the Committee on Veterans' Affairs A BILL To amend title 38, United States Code, to authorize the Secretary of Veterans Affairs to enter into contracts and agreements for the payment of care in non-Department of Veterans Affairs medical foster homes for certain veterans who are unable to live independently, and for other purposes.
1. Short title This Act may be cited as the Long-Term Care Veterans Choice Act . 2. Secretary of Veterans Affairs contract authority for payment of care for veterans in non-Department of Veterans Affairs medical foster homes (a) Authority (1) In general Section 1720 of title 38, United States Code, is amended by adding at the end the following new subsection: (h) (1) During the five-year period beginning on the date of the enactment of the Long-Term Care Veterans Choice Act , and subject to paragraph (3)— (A) at the request of a veteran for whom the Secretary is required to provide nursing home care under section 1710A of this title, the Secretary may place the veteran in a medical foster home that meets Department standards, at the expense of the United States, pursuant to a contract, agreement, or other arrangement entered into between the Secretary and the medical foster home for such purpose; and (B) the Secretary may pay for care of a veteran placed in a medical foster home before such date of enactment, if the home meets Department standards, pursuant to a contract, agreement, or other arrangement entered into between the Secretary and the medical foster home for such purpose. (2) A veteran on whose behalf the Secretary pays for care in a medical foster home under paragraph (1) shall agree, as a condition of such payment, to accept home health services furnished by the Secretary under section 1717 of this title. (3) In any year, not more than a daily average of 900 veterans receiving care in a medical foster home, whether placed before, on, or after the date of the enactment of the Long-Term Care Veterans Choice Act , may have their care covered at the expense of the United States under paragraph (1). (4) The prohibition under section 1730(b)(3) of this title shall not apply to a veteran whose care is covered at the expense of the United States under paragraph (1). (5) In this subsection, the term medical foster home means a home designed to provide non-institutional, long-term, supportive care for veterans who are unable to live independently and prefer a family setting. . (2) Effective date Subsection (h) of section 1720 of title 38, United States Code, as added by paragraph (1), shall take effect 90 days after the date of the enactment of this Act. (b) Ongoing monitoring of medical foster home program (1) In general The Secretary of Veterans Affairs shall create a system to monitor and assess the workload for the Department of Veterans Affairs in carrying out the authority under section 1720(h) of title 38, United States Code, as added by subsection (a)(1), including by tracking— (A) requests by veterans to be placed in a medical foster home under such section; (B) denials of such requests, including the reasons for such denials; (C) the total number of medical foster homes applying to participate under such section, disaggregated by those approved and those denied approval by the Department to participate; (D) veterans receiving care at a medical foster home at the expense of the United States; and (E) veterans receiving care at a medical foster home at their own expense. (2) Report Based on the monitoring and assessments conducted under paragraph (1), the Secretary shall identify and submit to Congress a report on such modifications to implementing section 1720(h) of title 38, United States Code, as added by subsection (a)(1), as the Secretary considers necessary to ensure the authority under such section is functioning as intended and care is provided to veterans under such section as intended. (3) Medical foster home defined In this subsection, the term medical foster home has the meaning given that term in section 1720(h) of title 38, United States Code, as added by subsection (a)(1). (c) Comptroller General report Not later than each of three years and six years after the date of the enactment of this Act, the Comptroller General of the United States shall submit to Congress a report— (1) assessing the implementation of this section and the amendments made by this section; (2) assessing the impact of the monitoring and modifications under subsection (b) on care provided under section 1720(h) of title 38, United States Code, as added by subsection (a)(1); and (3) setting forth recommendations for improvements to the implementation of such section, as the Comptroller General considers appropriate.
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117-s-2853
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II 117th CONGRESS 1st Session S. 2853 IN THE SENATE OF THE UNITED STATES September 27, 2021 Mr. Brown (for himself, Mr. Cotton , Ms. Duckworth , Mrs. Hyde-Smith , Mr. Markey , Mr. Manchin , Mr. Portman , Mr. Rubio , Mr. Tillis , Ms. Warren , Mrs. Capito , Ms. Hassan , and Mr. Bennet ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To provide grants to State, local, territorial, and Tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to enhance law enforcement efficiency and protect law enforcement officers.
1. Short title This Act may be cited as the Providing Officers With Electronic Resources Act or the POWER Act . 2. Findings; purpose (a) Findings Congress finds that— (1) chemical screening devices enhance the ability of law enforcement agencies to identify unknown chemical substances seized or otherwise encountered by law enforcement officers; and (2) equipping law enforcement agencies with technology that can more efficiently identify substances, such as heroin, fentanyl, methamphetamine, and other narcotics, will ensure that law enforcement agencies can— (A) investigate cases more quickly and safely; (B) better deploy resources and strategies to prevent illegal substances from entering and harming communities throughout the United States; and (C) share spectral data with other law enforcement agencies and State and local fusion centers. (b) Purpose The purpose of this Act is to provide grants to State, local, and Tribal law enforcement agencies to purchase chemical screening devices and train personnel to use chemical screening devices in order to— (1) enhance law enforcement efficiency; and (2) protect law enforcement officers. 3. Definitions In this Act: (1) Applicant The term applicant means a law enforcement agency that applies for a grant under section 4. (2) Attorney General The term Attorney General means the Attorney General, acting through the Director of the Office of Community Oriented Policing Services. (3) Chemical screening device The term chemical screening device means an infrared spectrophotometer, mass spectrometer, nuclear magnetic resonance spectrometer, Raman spectrophotometer, ion mobility spectrometer, or any other scientific instrumentation that is able to collect data that can be interpreted to determine the presence and identity of a covered substance. (4) Chief law enforcement officer The term chief law enforcement officer has the meaning given the term in section 922(s) of title 18, United States Code. (5) Covered substance The term covered substance means— (A) fentanyl; (B) any other synthetic opioid; and (C) any other narcotic or psychoactive substance. (6) Grant funds The term grant funds means funds from a grant awarded under section 4. (7) Indian Tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (8) Law enforcement agency The term law enforcement agency means an agency of a State, unit of local government, or Indian Tribe that is authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (9) Personnel The term personnel — (A) means employees of a law enforcement agency; and (B) includes scientists and law enforcement officers. (10) Recipient The term recipient means an applicant that receives a grant under section 4. (11) State The term State has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 34 U.S.C. 10251 ). 4. Grants (a) Grants authorized The Attorney General may award grants to applicants to— (1) purchase a chemical screening device; and (2) train personnel to use, and interpret data collected by, a chemical screening device. (b) Applications (1) In general The chief law enforcement officer of an applicant shall submit to the Attorney General an application that— (A) shall include— (i) a statement describing the need for a chemical screening device in the jurisdiction of the applicant; and (ii) a certification— (I) of the number of chemical screening devices the applicant owns or possesses; (II) that not less than 1 employee of the applicant will be trained to— (aa) use any chemical screening device purchased using grant funds; and (bb) interpret data collected by any chemical screening device purchased using grant funds; and (III) that the applicant will make any chemical screening device purchased using grant funds reasonably available to test a covered substance seized by a law enforcement agency near the jurisdiction of the applicant; and (B) in addition to the information required under subparagraph (A), may, at the option of the applicant, include— (i) information relating to— (I) the process used by the applicant to identify a covered substance seized by the applicant, including— (aa) the approximate average amount of time required for the applicant to identify a covered substance; and (bb) as of the date of the application, the number of cases in which the applicant is awaiting identification of a covered substance; (II) any documented case of a law enforcement officer, first responder, or treating medical personnel in the jurisdiction of the applicant who has suffered an accidental drug overdose caused by exposure to a covered substance while in the line of duty; (III) any chemical screening device the applicant will purchase using grant funds, including the estimated cost of the chemical screening device; and (IV) any estimated costs relating to training personnel of the applicant to use a chemical screening device purchased using grant funds; and (ii) data relating to— (I) the approximate amount of covered substances seized by the applicant during the 2-year period ending on the date of the application, categorized by the type of covered substance seized; and (II) the approximate number of covered substance overdoses in the jurisdiction of the applicant that the applicant investigated or responded to during the 2-year period ending on the date of the application, categorized by fatal and nonfatal overdoses. (2) Joint applications (A) In general Two or more law enforcement agencies, including law enforcement agencies located in different States, that have jurisdiction over areas that are geographically contiguous may submit a joint application for a grant under this section that includes— (i) for each law enforcement agency— (I) all information required under paragraph (1)(A); and (II) any optional information described in paragraph (1)(B) that each law enforcement agency chooses to include; (ii) a plan for the sharing of any chemical screening devices purchased or training provided using grant funds; and (iii) a certification that not less than 1 employee of each law enforcement agency will be trained to— (I) use any chemical screening device purchased using grant funds; and (II) interpret data collected by any chemical screening device purchased using grant funds. (B) Submission Law enforcement agencies submitting a joint application under subparagraph (A) shall— (i) be considered as 1 applicant; and (ii) select the chief law enforcement officer of 1 of the law enforcement agencies to submit the joint application. (c) Restrictions (1) Supplemental funds Grant funds shall be used to supplement, and not supplant, State, local, and Tribal funds made available to any applicant for any of the purposes described in subsection (a). (2) Administrative Costs Not more than 3 percent of any grant awarded under this section may be used for administrative costs. (d) Reports and records (1) Reports For each year during which grant funds are used, the recipient shall submit to the Attorney General a report containing— (A) a summary of any activity carried out using grant funds; (B) an assessment of whether each activity described in subparagraph (A) is meeting the needs described in subsection (b)(1)(A)(i) that the applicant identified in the application submitted under subsection (b); and (C) any other information relevant to the purpose of this Act that the Attorney General may determine appropriate. (2) Records For the purpose of an audit by the Attorney General of the receipt and use of grant funds, a recipient shall— (A) keep— (i) any record relating to the receipt and use of grant funds; and (ii) any other record as the Attorney General may require; and (B) make the records described in subparagraph (A) available to the Attorney General upon request by the Attorney General. 5. Authorization of appropriations There are authorized to be appropriated to the Attorney General $20,000,000 for fiscal year 2022 to carry out section 4.
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II 117th CONGRESS 1st Session S. 2854 IN THE SENATE OF THE UNITED STATES September 27, 2021 Mr. Kennedy (for himself, Mr. Moran , Mr. Whitehouse , Mr. Young , Mr. Brown , Mr. Cassidy , Ms. Smith , Mr. Braun , Mr. Rubio , Mr. Risch , and Mr. King ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To allow for the transfer and redemption of abandoned savings bonds.
1. Short title This Act may be cited as the Unclaimed Savings Bond Act of 2021 . 2. Findings Congress finds the following: (1) Tens of billions of dollars’ worth of savings bonds have never been redeemed by their owners, including millions of bonds that matured years and even decades ago. The Department of the Treasury refers to these bonds as Matured Unredeemed Debt ( MUD ). (2) The United States savings bond program was created to fund critical government operations during times of national need while guaranteeing to citizens the promise of a safe return. (3) The States are the traditional custodians of abandoned property and are best positioned to help owners of abandoned bonds recover the proceeds of their investment. (4) Until abandoned property is claimed, the States are able to devote unclaimed funds to the health and welfare of their citizens. (5) Allowing States to utilize the proceeds of abandoned savings bonds provides them with liquidity and the ability to serve their citizens without increasing the Federal deficit. 3. Transfer and redemption of abandoned savings bonds Section 3105 of title 31, United States Code, is amended by adding at the end the following: (f) (1) Notwithstanding any other Federal law, the ownership of an applicable savings bond may be transferred pursuant to a valid judgment of escheatment vesting a State with title to the bond. Nothing in this section, or in any regulation promulgated by the Secretary to implement this section, may be construed to preempt State law providing for, or governing the escheatment of, applicable savings bonds. (2) The Secretary shall recognize an order of a court of competent jurisdiction that vests title to an applicable savings bond with a State, regardless of whether the State has possession of such bond if the State provides the Secretary with a certified copy of such order. (3) (A) If a State has title or is seeking to obtain title through a judicial proceeding to an applicable savings bond, the Secretary shall provide to the State, upon request, the serial number of such bond, and any reasonably available records or information— (i) relating to the purchase or ownership of such bond, including any transactions involving such bond; or (ii) which may provide other identifying information relating to such bond. (B) Any records or information provided to a State pursuant to subparagraph (A) shall be considered sufficient to enable the State to redeem the applicable savings bond for full value, regardless whether the bond is lost, stolen, destroyed, mutilated, defaced, or otherwise not in the State’s possession. (4) (A) Subject to subparagraph (C), a State may redeem and receive payment for an applicable savings bond for which the State has title pursuant to the same procedures established pursuant to regulations which are available for payment or redemption of a savings bond by any owner of such bond. (B) The Secretary may not prescribe any regulation which prevents or prohibits a State from obtaining title to an applicable savings bond or redeeming such bond pursuant to the procedures described in subparagraph (A). (C) In the case of an applicable savings bond which is lost, stolen, destroyed, mutilated, defaced, or otherwise not in the possession of the State, if the State has requested records and information under paragraph (3)(A), any applicable period of limitation for payment or redemption of such bond shall not begin to run against the State until the date on which the Secretary has provided the State with the records and information described in such paragraph. (5) If the United States Government makes payment to a State for an applicable savings bond pursuant to paragraph (4)— (A) that State shall attempt to locate the original owner of each such bond registered with an address in that State pursuant to the same standards and requirements as exist under that State’s abandoned property rules and regulations; (B) except as provided in subparagraph (C), the United States Government shall not retain any further obligation or liability relating to such bond, including any obligation or liability with respect to the registered owner of such bond (as described in paragraph (6)); (C) should a State that receives payment for an applicable savings bond pursuant to paragraph (4) fail to make payment to a registered owner of such bond (as described in paragraph (6)(B)) after presentment of a valid claim of ownership pursuant to that State’s abandoned property rules and regulations, such owner may then seek redemption of their bond through the Secretary or any paying agent authorized by the United States Government to make payments to redeem such bonds, and it shall be paid; and (D) where the United States Government has made payment of an applicable savings bond under subparagraph (C), the respective State shall indemnify the United States for payments made on such bond. (6) For purposes of this subsection, the term applicable savings bond means any United States savings bond that— (A) matured on or before December 31, 2017; (B) is registered to an owner with a last known address within a State claiming title under a valid escheatment order entered after December 31, 2012, and before January 2026; and (C) has not been redeemed by such owner. .
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II 117th CONGRESS 1st Session S. 2855 IN THE SENATE OF THE UNITED STATES September 27, 2021 Ms. Stabenow (for herself and Mr. Boozman ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To extend authorization for livestock mandatory reporting.
1. Livestock mandatory reporting extension (a) In general Section 260 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1636i ) is amended by striking September 30, 2020 and inserting December 31, 2021 . (b) Conforming amendment Section 942 of the Livestock Mandatory Reporting Act of 1999 ( 7 U.S.C. 1635 note; Public Law 106–78 ) is amended by striking September 30, 2020 and inserting December 31, 2021 .
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117-s-2856
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II 117th CONGRESS 1st Session S. 2856 IN THE SENATE OF THE UNITED STATES September 27, 2021 Mr. Booker introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To regulate tax return preparers and refund anticipation payment arrangements.
1. Regulation of tax return preparers (a) In general Section 330 of title 31, United States Code, is amended to read as follows: 330. Practice before the department and tax return preparers (a) Subject to section 500 of title 5, the Secretary of the Treasury may— (1) regulate the practice of representatives of persons before the Department of the Treasury through licensure; (2) certify the practice of tax return preparers; and (3) before admitting a representative or a tax return preparer to practice, require that the representative or tax return preparer demonstrate— (A) good character; (B) good reputation; (C) necessary qualifications to enable the representative or tax return preparer to provide to persons valuable service; and (D) competency to advise and assist persons in presenting their cases or in preparing tax returns, claims for refund, or other submissions related to the Internal Revenue Code of 1986 or other laws or regulations administered by the Internal Revenue Service. (b) Any enrolled agents properly licensed to practice as required under rules promulgated under subsection (a) shall be allowed to use the credentials or designation of enrolled agent , EA , or E.A. . (c) (1) After notice and opportunity for a proceeding, the Secretary may, with respect to a representative or tax return preparer who is described in paragraph (2)— (A) suspend or disbar from practice before the Department a representative; (B) decertify a tax return preparer; or (C) censure a representative or tax return preparer. (2) A representative or tax return preparer is described in this paragraph if the representative or tax return preparer— (A) is incompetent; (B) is disreputable; (C) violates regulations prescribed under this section; or (D) with intent to defraud, willfully and knowingly misleads or threatens the person being represented or a prospective person to be represented. (3) The Secretary may impose a monetary penalty on any representative or tax return preparer described in paragraph (2). If the representative or tax return preparer was acting on behalf of an employer or any firm or other entity in connection with the conduct giving rise to such penalty, the Secretary may impose a monetary penalty on such employer, firm, or entity if it knew, or reasonably should have known, of such conduct. Such penalty shall not exceed the gross income derived (or to be derived) from the conduct giving rise to the penalty and may be in addition to, or in lieu of, any suspension of the representative, the decertification of the tax return preparer, or censure of the representative or the tax return preparer. (d) After notice and opportunity for a hearing to any appraiser, the Secretary may— (1) provide that appraisals by such appraiser shall not have any probative effect in any administrative proceeding before the Department of the Treasury or the Internal Revenue Service, and (2) bar such appraiser from presenting evidence or testimony in any such proceeding. (e) Nothing in this section or in any other provision of law shall be construed to limit the authority of the Secretary of the Treasury to impose standards applicable to the rendering of written advice with respect to any entity, transaction plan or arrangement, or other plan or arrangement, which is of a type which the Secretary determines as having a potential for tax avoidance or evasion. (f) (1) The Secretary of the Treasury may impose fees on tax return preparers necessary to implement such programs as required by subsection (a). (2) In addition to paragraph (1), the Commissioner of Internal Revenue may impose an annual fee necessary for any competency testing and training required for licensure and certification under this section. (3) Nothing in this section may be construed to limit the authority of the Commissioner of Internal Revenue to issue orders and establish fees related to the other purposes, including the issuing of Preparer Tax Identification Numbers. (g) For purposes of this section— (1) the term tax return preparer has the meaning given such term by section 7701(a)(36) of the Internal Revenue Code of 1986; (2) the term tax return has the meaning given to the term return under section 6696(e)(1) of such Code; and (3) the term claim for refund has the meaning given such term under section 6696(e)(2) of such Code. . (b) Clerical amendment The chapter analysis for chapter 3 of title 31, United States Code, is amended by striking the item relating to section 330 and inserting the following: 330. Practice before the department and tax return preparers. . 2. Clarifying authority to impose civil penalties for improper disclosures Subsection (c) of section 6713 of the Internal Revenue Code of 1986 is amended to read as follows: (c) Exceptions (1) Exceptions The rules of section 7216(b) shall apply for purposes of this section. (2) Cross reference See section 7216 for criminal penalty for disclosure or use of information by preparers of returns. . 3. Regulation of refund anticipation payment instruments (a) Disclosure requirements for tax return preparers Subchapter A of chapter 80 of the Internal Revenue Code of 1986 is amended by adding at the end the following new section: 7813. Disclosure requirements for tax return preparers (a) In general The Secretary may require tax return preparers to provide disclosures to a person receiving tax return preparation services or a prospective person to receive such services. Such disclosures shall— (1) identify the amount of fees the tax return preparer charges for preparing a tax return, filing a tax return, submitting a claim for refund, executing a refund anticipation payment arrangement, or submitting other submissions related to this title or other laws or regulations administered by the Internal Revenue Service, (2) identify where on the website published by the Internal Revenue Service the average amount of time in which an individual who files a Federal income tax return can expect to receive a refund, (3) in the case of a refund anticipation payment arrangement involving a depository account not controlled by the person receiving tax return preparation services or a prospective person to receive such services, describe— (A) the difference in days between the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services receives the tax refund (in whole or in part) from a refund anticipation payment arrangement, and (B) the average amount of time by which a person receiving tax return preparation services or a prospective person to receive such services who files a Federal income tax return electronically receives the tax refund deposited directly to that person’s account by the taxing authority, (4) state that a refund anticipation payment arrangement is not necessary to receive a tax refund, (5) state that, if a person receiving tax return preparation services or a prospective person to receive such services does not receive a tax refund or the amount of the tax refund is less than the amount anticipated under the refund anticipation payment arrangement, the person receiving tax return preparation services or a prospective person to receive such services may be responsible for paying any fees and interest associated with a refund anticipation payment arrangement, and (6) include any such other disclosures not specified in the preceding paragraphs to carry out this section that the Secretary deems appropriate. (b) Refund anticipation payment arrangement defined For purposes of this section, the term ‘refund anticipation payment arrangement’ means an arrangement under which, in exchange for Federal income tax preparation services, a consumer agrees to pay a fee or interest upon receipt of the consumer’s tax refund to a tax return preparer, lender, or other affiliated lender by— (1) requesting the Federal Government to deposit such tax refund, in whole or in part, directly into a depository account designated by either the consumer or the tax return preparer, lender, or other affiliated lender, or (2) directly paying the fee or interest to the tax return preparer, lender, or other affiliated lender. . (b) Failure To disclose Part I of subchapter B of chapter 68 of such Code is amended by adding at the end the following: 6720D. Failure to meet disclosure requirements for tax return preparers (a) General rule If a tax return preparer fails to meet the requirements of section 7813, the Secretary may impose a penalty of up to $1,000 per each such failure. (b) Penalty in addition to other penalties The penalty imposed by this section shall be in addition to any other penalty imposed by law. . (c) Clerical amendments (1) The table of sections for subchapter B of chapter 68 of such Code is amended by inserting after the item related to section 6720C the following new item: Sec. 6720D. Failure to meet disclosure requirements for tax return preparers. . (2) The table of sections for subchapter A of chapter 80 of such Code is amended by inserting after the item related to section 7812 the following new item: Sec. 7813. Disclosure requirements for tax return preparers. . (d) Effective date The amendments made by this section shall apply with respect to returns filed after December 31, 2021.
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II 117th CONGRESS 1st Session S. 2857 IN THE SENATE OF THE UNITED STATES September 27, 2021 Mr. Tuberville introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To prohibit any Federal agency from requiring financial institutions to report on the financial transactions of their customers.
1. Short title This Act may be cited as the Protecting Financial Privacy Act of 2021 . 2. Prohibiting Federal agencies from requiring financial institutions to report on financial transactions of customers (a) In general Notwithstanding the Bank Secrecy Act or any regulations promulgated under such Act (as in effect on September 1, 2021), no Federal agency (including the Department of the Treasury) shall be permitted to create, implement, or administer any financial account information reporting program that would require financial institutions or individuals to report data on financial accounts in an information return listing balances, transactions, transfers, or inflows or outflows of any kind. (b) Bank Secrecy Act The term Bank Secrecy Act means— (1) section 21 of the Federal Deposit Insurance Act ( 12 U.S.C. 1829b ), (2) chapter 2 of title I of Public Law 91–508 ( 12 U.S.C. 1951 et seq. ), and (3) subchapter II of chapter 53 of title 31, United States Code.
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117-s-2858
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II 117th CONGRESS 1st Session S. 2858 IN THE SENATE OF THE UNITED STATES September 27, 2021 Mr. Luján (for himself, Mr. Heinrich , Mr. Padilla , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To direct the Secretary of Labor, in consultation with the Chairperson of the National Endowment for the Arts, to award grants for arts and creative workforce programs.
1. Short title This Act may be cited as the Creative Economy Revitalization Act . 2. National grants for arts and creative workforce programs Subtitle D of title I of the Workforce Innovation and Opportunity Act ( 29 U.S.C. 3221 et seq. ) is amended— (1) by redesignating section 172 ( 29 U.S.C. 3227 ) as section 173; and (2) by inserting after section 171 ( 29 U.S.C. 3226 ) the following: 172. National grants for arts and creative workforce programs (a) Program authorized From the amounts appropriated under subsection (f), Secretary, in consultation with the Chairperson of the National Endowment for the Arts, shall award grants, on a competitive basis, to eligible entities to carry out the arts and creative workforce programs described in subsection (c)(1). (b) Application To be eligible to receive a grant under this section, an eligible entity shall submit to the Secretary and the Chairperson an application at such time, in such manner, and containing such information as the Secretary and the Chairperson may require, which shall include— (1) a description of the arts and creative workforce program the eligible entity plans to carry out with the grant, including— (A) cost estimates; (B) timelines; (C) a description of the final product and how such product will be made accessible to the public; (D) the proposed number of employees the program will employ, including a description of the creative workers the program will employ; (E) the number of such proposed employees who have barriers to employment and a description of such barriers; and (F) whether the eligible entity will be working in coordination with a State board or a local board to employ individuals under the program, and a description of such coordination; and (2) a good-faith certification that— (A) during the grant period and during the 2-year period beginning after the such grant period— (i) the eligible entity will not outsource or offshore jobs for the arts and creative workforce program carried out with the grant; and (ii) the eligible entity will not abrogate existing collective bargaining agreements of employees of such program; and (B) the eligible entity will remain neutral in any union organizing effort by the employees of such program during the grant period; and (C) in carrying out such program, the eligible entity will comply with the wage and safety standards described in subsections (n) and (m) of section 5 of the National Foundation on the Arts and the Humanities Act of 1965 ( 20 U.S.C. 954 ). (c) Uses of funds (1) Arts and creative workforce programs An eligible entity that receives a grant under this section shall use such grant to carry out an arts and creative workforce program that— (A) shall— (i) provide art or arts programming that is publicly available and accessible to other individuals by the eligible entity; and (ii) employ individuals in the labor market area served by the eligible entity, which may include the use of such grant to cover the cost of wages for such individuals; and (B) may include— (i) outdoor events for the community (such as concerts, street fairs, art fairs, community arts events, performances, live music, or other arts-based activities); (ii) interviews and written stories that capture and document the history of the United States— (I) through photographs, narratives, storytelling, murals, films, plays, and other media; and (II) that illuminate narratives of first responders during the COVID–19 pandemic, or marginalized narratives and histories of all individuals, regardless of income, age, race, religion, legal status, sexual orientation, or gender identity; (iii) temporary or permanent visual, literary, or performative public artworks celebrating community identity, such as— (I) two- and three-dimensional visual artworks such as murals, painted benches, sculptures, and statues; (II) interactive or sound-based artworks; and (III) performative artworks like concerts, readings, festivals, or displays of dance or theater; (iv) poetry, writing, photography, theater, visual or media arts, or dance exhibitions; and (v) programs and works that support the arts in both schools and community cultural spaces (including arts-integrated teaching, place-based arts and cultural practice, intergenerational education, oral histories, and the preservation of folk traditions that elevate a community’s history and culture, including on Tribal land). (2) Limitation on administrative costs Not more than 5 percent of the funds appropriated under subsection (f) for a fiscal year may be used for administrative costs by the Secretary. (d) Report Not later than 1 year after the first grant is awarded under this section, and each year thereafter, the Secretary shall report to Congress on the outcomes of the programs funded under this section for the preceding year, including— (1) the number of grants awarded for such year to eligible entities, disaggregated by the type of eligible entity listed in subsection (g)(2); and (2) a description of each program assisted with such a grant, including— (A) the geographic location of the program; (B) the length of employment of an individual who is employed by the program; (C) the percentage of such individuals who are in unsubsidized employment during the second quarter after exit from the program; (D) the percentage of such individuals who are in unsubsidized employment during the fourth quarter after exit from the program; and (E) the median earnings of such individuals who are in unsubsidized employment during the second quarter after exit from the program. (e) Copyright ownership In accordance with section 200.315 of title 2, Code of Federal Regulations (or any successor regulation), and notwithstanding section 2900.13 of such title (or any successor regulation), an author of a work that is created under any program funded under this section and for which copyright protection is available under title 17, United States Code, shall retain ownership of the copyright to that work for the purposes of that title. The Federal Government may— (1) obtain, reproduce, publish, or otherwise use the work produced under this section; and (2) authorize another to receive, reproduce, publish, or otherwise use the work for a Federal purpose. (f) Authorization of appropriations There are authorized to be appropriated $300,000,000 to carry out this section for fiscal years 2022 through 2024. (g) Definitions In this section: (1) Creative worker The term creative worker — (A) means any individual who earns (or previously earned) income through creative, cultural, or artistic-based pursuits to produce ideas, content, goods, and services, without regard to whether such income is earned through employment as an independent contractor or as an employee for an employer; and (B) may include an art director, artist, animator, sculptor, writer, author, poet, photographer, musician, singer, producer, director, actor, announcer, storyteller, comedian, dancer, architect, designer, programmer, choreographer, or a technician, backstage or behind-the-scenes staff, curator, or other support staff who make creative work possible. (2) Eligible entity The term eligible entity means— (A) a State; (B) a local area (or local board); (C) an entity described in section 166(c); (D) a public or private nonprofit agency or organization (including a consortium of such agencies or organizations) that employs, or supports the employment of, creative workers; or (E) a State workforce agency. . 3. Authorization of funds for the NEA There are authorized to be appropriated to the Chairperson of the National Endowment for the Arts such sums as may be necessary for such Chairperson to provide the consultation required under section 172 of the Workforce Innovation and Opportunity Act, as amended by section 2. 4. Table of contents The table of contents of the Workforce Innovation and Opportunity Act is amended by striking the item relating to section 172 and inserting the following: 172. National grants for arts and creative workforce programs. 173. Authorization of appropriations. .
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II 117th CONGRESS 1st Session S. 2859 IN THE SENATE OF THE UNITED STATES September 27, 2021 Mr. Warnock (for himself, Mr. Ossoff , and Mr. Padilla ) 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 clarify the use of certain taxes and revenues.
1. Short title This Act may be cited as the State and Local General Sales Tax Protection Act . 2. Use of revenues (a) Written assurances on use of revenue Section 47107(b) of title 49, United States Code, is amended— (1) in each of paragraphs (1) and (2) by striking local taxes and inserting local excise taxes ; (2) in paragraph (3) by striking State tax and inserting State excise tax ; and (3) by adding at the end the following: (4) This subsection does not apply to State or local general sales taxes nor to State or local generally applicable sales taxes. . (b) Restriction on use of revenues Section 47133 of title 49, United States Code, is amended— (1) in subsection (a) in the matter preceding paragraph (1) by striking Local taxes and inserting Local excise taxes ; (2) in subsection (b)(1) by striking local taxes and inserting local excise taxes ; (3) in subsection (c) by striking State tax and inserting State excise tax ; and (4) by adding at the end the following: (d) Limitation on applicability This subsection does not apply to— (1) State or local general sales taxes; or (2) State or local generally applicable sales taxes. .
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117-s-2860
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II 117th CONGRESS 1st Session S. 2860 IN THE SENATE OF THE UNITED STATES September 27, 2021 Mr. Lee (for himself and Mr. Paul ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To prohibit mandatory or compulsory checkoff programs.
1. Short title This Act may be cited as the Voluntary Checkoff Program Participation Act . 2. Prohibition on mandatory or compulsory checkoff programs (a) Definition of checkoff program The term checkoff program means a program to promote and provide research and information for a particular commodity without reference to specific producers or brands, including a program carried out under any of the following: (1) The Cotton Research and Promotion Act ( 7 U.S.C. 2101 et seq. ). (2) The Potato Research and Promotion Act ( 7 U.S.C. 2611 et seq. ). (3) The Egg Research and Consumer Information Act ( 7 U.S.C. 2701 et seq. ). (4) The Beef Research and Information Act ( 7 U.S.C. 2901 et seq. ). (5) The Wheat and Wheat Foods Research and Nutrition Education Act ( 7 U.S.C. 3401 et seq. ). (6) The Floral Research and Consumer Information Act ( 7 U.S.C. 4301 et seq. ). (7) Subtitle B of the Dairy Production Stabilization Act of 1983 ( 7 U.S.C. 4501 et seq. ). (8) The Honey Research, Promotion, and Consumer Information Act ( 7 U.S.C. 4601 et seq. ). (9) The Pork Promotion, Research, and Consumer Information Act of 1985 ( 7 U.S.C. 4801 et seq. ). (10) The Watermelon Research and Promotion Act ( 7 U.S.C. 4901 et seq. ). (11) The Pecan Promotion and Research Act of 1990 ( 7 U.S.C. 6001 et seq. ). (12) The Mushroom Promotion, Research, and Consumer Information Act of 1990 ( 7 U.S.C. 6101 et seq. ). (13) The Lime Research, Promotion, and Consumer Information Act of 1990 ( 7 U.S.C. 6201 et seq. ). (14) The Soybean Promotion, Research, and Consumer Information Act ( 7 U.S.C. 6301 et seq. ). (15) The Fluid Milk Promotion Act of 1990 ( 7 U.S.C. 6401 et seq. ). (16) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 ( 7 U.S.C. 6801 et seq. ). (17) The Sheep Promotion, Research, and Information Act of 1994 ( 7 U.S.C. 7101 et seq. ). (18) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7401 ). (19) The Commodity Promotion, Research, and Information Act of 1996 ( 7 U.S.C. 7411 et seq. ). (20) The Canola and Rapeseed Research, Promotion, and Consumer Information Act ( 7 U.S.C. 7441 et seq. ). (21) The National Kiwifruit Research, Promotion, and Consumer Information Act ( 7 U.S.C. 7461 et seq. ). (22) The Popcorn Promotion, Research, and Consumer Information Act ( 7 U.S.C. 7481 et seq. ). (23) The Hass Avocado Promotion, Research, and Information Act of 2000 ( 7 U.S.C. 7801 et seq. ). (24) The Propane Education and Research Act of 1996 ( 15 U.S.C. 6401 et seq. ). (25) The Concrete Masonry Products Research, Education, and Promotion Act of 2018 ( 15 U.S.C. 8701 et seq. ). (26) The National Oilheat Research Alliance Act of 2000 ( 42 U.S.C. 6201 note; Public Law 106–469 ). (b) Prohibition No checkoff program shall be mandatory or compulsory. (c) Voluntary participation Producer participation in a checkoff program shall be voluntary at the point of sale.
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117-s-2861
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II 117th CONGRESS 1st Session S. 2861 IN THE SENATE OF THE UNITED STATES September 27, 2021 Mr. Lee (for himself, Mr. Paul , Mr. Booker , Ms. Warren , and Mrs. Gillibrand ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To prohibit certain practices relating to certain commodity promotion programs, to require greater transparency by those programs, and for other purposes.
1. Short title This Act may be cited as the Opportunities for Fairness in Farming Act of 2021 . 2. Findings Congress finds that— (1) the generic programs to promote and provide research and information for an agricultural commodity (commonly known as checkoff programs ) are intended to increase demand for all of that agricultural commodity and benefit all assessed producers of that agricultural commodity; (2) although the laws establishing checkoff programs broadly prohibit the use of funds in any manner for the purpose of influencing legislation or government action, checkoff programs have repeatedly been shown to use funds to influence policy directly or by partnering with organizations that lobby; (3) the unlawful use of checkoff programs funds benefits some agricultural producers while harming many others; (4) to more effectively prevent Boards from using funds for unlawful purposes, strict separation of engagement between the Boards and policy entities is necessary; (5) conflicts of interest in the checkoff programs allow special interests to use checkoff program funds for the benefit of some assessed agricultural producers at the expense of many others; (6) prohibiting conflicts of interest in checkoff programs is necessary to ensure the proper and lawful operation of the checkoff programs; (7) checkoff programs are designed to promote agricultural commodities, not to damage other types of agricultural commodities through anticompetitive conduct or otherwise; (8) prohibiting anticompetitive and similar conduct is necessary to ensure proper and lawful operation of checkoff programs; (9) lack of transparency in checkoff programs enables abuses to occur and conceals abuses from being discovered; and (10) requiring transparency in the expenditure of checkoff program funds is necessary to prevent and uncover abuses in checkoff programs. 3. Definitions In this Act: (1) Board The term Board means a board, committee, or similar entity established to carry out a checkoff program or an order issued by the Secretary under a checkoff program. (2) Checkoff program The term checkoff program means a program to promote and provide research and information for a particular agricultural commodity without reference to specific producers or brands, including a program carried out under any of the following: (A) The Cotton Research and Promotion Act ( 7 U.S.C. 2101 et seq. ). (B) The Potato Research and Promotion Act ( 7 U.S.C. 2611 et seq. ). (C) The Egg Research and Consumer Information Act ( 7 U.S.C. 2701 et seq. ). (D) The Beef Research and Information Act ( 7 U.S.C. 2901 et seq. ). (E) The Wheat and Wheat Foods Research and Nutrition Education Act ( 7 U.S.C. 3401 et seq. ). (F) The Floral Research and Consumer Information Act ( 7 U.S.C. 4301 et seq. ). (G) Subtitle B of the Dairy Production Stabilization Act of 1983 ( 7 U.S.C. 4501 et seq. ). (H) The Honey Research, Promotion, and Consumer Information Act ( 7 U.S.C. 4601 et seq. ). (I) The Pork Promotion, Research, and Consumer Information Act of 1985 ( 7 U.S.C. 4801 et seq. ). (J) The Watermelon Research and Promotion Act ( 7 U.S.C. 4901 et seq. ). (K) The Pecan Promotion and Research Act of 1990 ( 7 U.S.C. 6001 et seq. ). (L) The Mushroom Promotion, Research, and Consumer Information Act of 1990 ( 7 U.S.C. 6101 et seq. ). (M) The Lime Research, Promotion, and Consumer Information Act of 1990 ( 7 U.S.C. 6201 et seq. ). (N) The Soybean Promotion, Research, and Consumer Information Act ( 7 U.S.C. 6301 et seq. ). (O) The Fluid Milk Promotion Act of 1990 ( 7 U.S.C. 6401 et seq. ). (P) The Fresh Cut Flowers and Fresh Cut Greens Promotion and Information Act of 1993 ( 7 U.S.C. 6801 et seq. ). (Q) The Sheep Promotion, Research, and Information Act of 1994 ( 7 U.S.C. 7101 et seq. ). (R) Section 501 of the Federal Agriculture Improvement and Reform Act of 1996 ( 7 U.S.C. 7401 ). (S) The Commodity Promotion, Research, and Information Act of 1996 ( 7 U.S.C. 7411 et seq. ). (T) The Canola and Rapeseed Research, Promotion, and Consumer Information Act ( 7 U.S.C. 7441 et seq. ). (U) The National Kiwifruit Research, Promotion, and Consumer Information Act ( 7 U.S.C. 7461 et seq. ). (V) The Popcorn Promotion, Research, and Consumer Information Act ( 7 U.S.C. 7481 et seq. ). (W) The Hass Avocado Promotion, Research, and Information Act of 2000 ( 7 U.S.C. 7801 et seq. ). (3) Conflict of interest The term conflict of interest means a direct or indirect financial interest in a person or entity that performs a service for, or enters into a contract or agreement with, a Board for anything of economic value. (4) Secretary The term Secretary means the Secretary of Agriculture. 4. Requirements of checkoff programs (a) Prohibitions (1) In general Except as provided in paragraph (4), a Board shall not enter into any contract or agreement to carry out checkoff program activities with a party that engages in activities for the purpose of influencing any government policy or action that relates to agriculture. (2) Conflict of interest A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in, any act that may involve a conflict of interest. (3) Other prohibitions A Board shall not engage in, and shall prohibit the employees and agents of the Board, acting in their official capacity, from engaging in— (A) any anticompetitive activity; (B) any unfair or deceptive act or practice; or (C) any act that may be disparaging to, or in any way negatively portray, another agricultural commodity or product. (4) Exception for certain contracts with institutions of higher education Paragraph (1) shall not apply to a contract or agreement entered into between a Board and an institution of higher education for the purpose of research, extension, and education. (b) Authority To enter into contracts Notwithstanding any other provision of law, on approval of the Secretary, a Board may enter directly into contracts and agreements to carry out generic promotion, research, or other activities authorized by law. (c) Production of records (1) In general Each contract or agreement of a checkoff program shall provide that the entity that enters into the contract or agreement shall produce to the Board accurate records that account for all funds received under the contract or agreement, including any goods or services provided or costs incurred in connection with the contract or agreement. (2) Maintenance of records A Board shall maintain any records received under paragraph (1). (d) Publication of budgets and disbursements (1) In general The Board shall publish and make available for public inspection all budgets and disbursements of funds entrusted to the Board that are approved by the Secretary, immediately on approval by the Secretary. (2) Required disclosures In carrying out paragraph (1), the Board shall disclose— (A) the amount of the disbursement; (B) the purpose of the disbursement, including the activities to be funded by the disbursement; (C) the identity of the recipient of the disbursement; and (D) the identity of any other parties that may receive the disbursed funds, including any contracts or subcontractors of the recipient of the disbursement. (e) Audits (1) Periodic audits by Inspector General of USDA (A) In general Not later than 2 years after the date of enactment of this Act, and not less frequently than every 5 years thereafter, the Inspector General of the Department of Agriculture shall conduct an audit to determine the compliance of each checkoff program with this section during the period of time covered by the audit. (B) Review of records An audit conducted under subparagraph (A) shall include a review of any records produced to the Board under subsection (c)(1). (C) Submission of reports On completion of each audit under subparagraph (A), the Inspector General of the Department of Agriculture shall— (i) prepare a report describing the audit; and (ii) submit the report described in clause (i) to— (I) the appropriate committees of Congress, including the Subcommittee on Antitrust, Competition Policy and Consumer Rights of the Committee on the Judiciary of the Senate; and (II) the Comptroller General of the United States. (2) Audit by Comptroller General (A) In general Not earlier than 3 years, and not later than 5 years, after the date of enactment of this Act, the Comptroller General of the United States shall— (i) conduct an audit to assess— (I) the status of actions taken for each checkoff program to ensure compliance with this section; and (II) the extent to which actions described in subclause (I) have improved the integrity of a checkoff program; and (ii) prepare a report describing the audit conducted under clause (i), including any recommendations for— (I) strengthening the effect of actions described in clause (i)(I); and (II) improving Federal legislation relating to checkoff programs. (B) Consideration of Inspector General reports The Comptroller General of the United States shall consider reports described in paragraph (1)(C) in preparing any recommendations in the report under subparagraph (A)(ii). 5. Severability If any provision of this Act or the application of such provision to any person or circumstance is held to be unconstitutional, the remainder of this Act, and the application of the provision to any other person or circumstance, shall not be affected.
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II 117th CONGRESS 1st Session S. 2862 IN THE SENATE OF THE UNITED STATES September 27, 2021 Mr. Marshall (for himself, Mr. Risch , and Mr. Braun ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To prohibit the National Archives and Records Administration from including content warnings alongside founding documents of the United States, and for other purposes.
1. Short title This Act may be cited as the National Treasures Act of 2021 . 2. Prohibiting National Archives and Records Administration content warnings (a) In general Chapter 21 of title 44, United States Code, is amended by adding at the end the following: 2121. Prohibiting content warnings on founding fathers documents (a) Definitions In this section: (1) Content warning The term content warning includes any message preceding or attached to a document that identifies or labels the document as dangerous, harmful, anachronistic, or any other term implying harm associated with the document, disparaging the document, assuming malicious intent on the part of the authors of the document, or discouraging potential readers from reading the document. (2) Founding Father of the United States The term Founding Father means any individual who— (A) signed the Declaration of Independence; (B) served as an officer in the Revolutionary War; (C) attended the Second Continental Congress; (D) attended the Constitutional Convention; or (E) was granted a charter for one of the original 13 colonies of the United States. (3) Qualifying document The term qualifying document means any document, text, manuscript, book, letter, pamphlet, government document, artifact, article of clothing, costume, or item written in whole or in part, once belonging to, or associated with in public display a Founding Father of the United States. (b) Prohibition The Archivist shall not— (1) attach to or associate with any qualifying document written by a Founding Father of the United States any content warning; (2) display a content warning as part of an exhibition of any qualifying document is any public display operated by the Administration; (3) display a content warning on the website of the Administration or on any other website operated by the Administration; or (4) make any changes to the rotunda of the Administration or any other space under their jurisdiction of the Administration that displays qualifying documents to the public except insofar as changes are necessary for maintenance, routine operations, or repairs. . (b) Technical and conforming amendment The table of sections for chapter 21 of title 44, United States Code, is amended by adding at the end the following: 2221. Prohibiting content warnings on founding fathers documents. .
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II 117th CONGRESS 1st Session S. 2863 IN THE SENATE OF THE UNITED STATES September 27, 2021 Mr. Risch (for himself, Mr. Rubio , Mr. Johnson , Mr. Romney , Mr. Portman , Mr. Young , Mr. Barrasso , Mr. Rounds , Mr. Hagerty , Mr. Thune , Mr. Scott of Florida , Ms. Collins , Mr. Crapo , Mr. Burr , Mr. Wicker , Mr. Moran , Mr. Boozman , Mr. Hoeven , Mr. Sullivan , Mrs. Hyde-Smith , Mrs. Blackburn , Mr. Marshall , and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To require the imposition of sanctions with respect to the Taliban and persons assisting the Taliban in Afghanistan, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Afghanistan Counterterrorism, Oversight, and Accountability Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Findings. Sec. 3. Definitions. TITLE I—State Department Afghanistan Task Force and Diplomatic Engagement Sec. 101. Task force on evacuations from Afghanistan. Sec. 102. Report on diplomatic engagement and economic cooperation with the Taliban. Sec. 103. Opposition to recognition of Taliban representative as ambassador to the United States. Sec. 104. Opposition to participation of Taliban at the United Nations and other measures. Sec. 105. Revised strategy for South and Central Asia. TITLE II—Counterterrorism Strategies and Reports Sec. 201. Counterterrorism strategy for Afghanistan. Sec. 202. Report on entities providing support for the Taliban. Sec. 203. Report and strategy on United States-origin defense articles and services provided to Afghanistan. TITLE III—Matters Relating to Hostages, Special Immigrant Visa Applicants, And Refugees Sec. 301. Report on hostages taken by the Taliban. Sec. 302. Briefings on status of special immigrant visa applicants, refugees, and parolees. TITLE IV—Restrictions on Foreign Assistance Sec. 401. Statement of policy on United States assistance in Afghanistan. Sec. 402. Humanitarian assistance to countries and organizations supporting Afghan refugees and Afghan allies of the United States. Sec. 403. Review of foreign assistance to countries and organizations supporting the Taliban. Sec. 404. Appropriate congressional committees defined. TITLE V—Human Rights in Afghanistan Sec. 501. Report on human rights abuses by the Taliban. TITLE VI—Sanctions with Respect to the Taliban Sec. 601. Definitions. Sec. 602. Imposition of sanctions with respect to activities of the Taliban and others in Afghanistan. Sec. 603. Imposition of sanctions with respect to supporters of the Taliban. Sec. 604. Support for multilateral sanctions with respect to the Taliban. Sec. 605. Implementation; penalties. Sec. 606. Waivers; exceptions; suspension. TITLE VII—General Provisions Sec. 701. Termination. 2. Findings Congress makes the following findings: (1) On April 14, 2021, President Joseph R. Biden announced the unconditional withdrawal of United States Armed Forces from Afghanistan after 20 years of conflict. (2) United States troop withdrawals led to the rapid collapse of the democratically elected Government of Afghanistan, effectively ended prospects for a negotiated settlement, threaten to reverse the hard-earned rights of Afghanistan’s women and youth, and created dangerous sanctuary space for potential terrorist attacks against the United States and allies and partners of the United States. (3) Under the terms of the peace agreement signed by the United States and the Taliban in Doha, Qatar, on February 29, 2020, the withdrawal of the United States Armed Forces was contingent upon the Taliban upholding its commitment to a reduction in the levels of violence, engaging in substantive talks with the Government of Afghanistan, and adhering to certain counterterrorism guarantees. The Taliban failed to meet its commitments. (4) The Taliban’s rise to power and inability to control its borders may result in a safe haven for violent jihadist groups, like al Qaeda and the Afghan affiliate of the Islamic State group, ISIS–Khorasan (commonly referred to as ISIS–K ). (5) According to a May 2020 report of the United Nations, The senior leadership of Al-Qaida remains present in Afghanistan, as well as hundreds of armed operatives, Al-Qaida in the Indian Subcontinent, and groups of foreign terrorist fighters aligned with the Taliban. . (6) According to the same United Nations report, The Taliban regularly consulted with Al-Qaida during negotiations with the United States and offered guarantees that it would honor their historical ties. . (7) In November 2020, the Lead Inspector General for Operation Freedom's Sentinel of the Department of Defense (in this section referred to as the Lead Inspector General ) echoed similar concerns, noting that members of al-Qaeda were integrated into the Taliban’s leadership and command structure . (8) In May 2021, the Lead Inspector General reaffirmed those concerns, noting that [a]ccording to the Defense Intelligence Agency, the Taliban maintained close ties with al-Qaeda and was very likely preparing for large-scale offensives . (9) On September 14, 2021, the Deputy Director of the Central Intelligence Agency stated, We are already beginning to see some of the indications of some potential movement of al Qaeda to Afghanistan. . (10) On August 14, 2021, the United States began an operation at Hamid Karzai International Airport to evacuate United States citizens and Afghans affiliated with the United States, an action which forced the North Atlantic Treaty Organization (commonly referred to as NATO ) and allied countries to undertake similar operations. (11) During the evacuation operation conducted in August 2021, United States allies, all of which had contributed soldiers and resources to the fight against the Taliban and terrorism in Afghanistan since 2001, assisted in the exfiltration of thousands of United States citizens, their own nationals, and Afghans affiliated with NATO. (12) In August 2021, at the height of the United States evacuation operation, ISIS–K carried out a dual attack striking Hamid Karzai International Airport and the Baron Hotel, killing more than 170 civilians, including 13 members of the United States Armed Forces. (13) According to the reports of the Department of State, as many as 10,000 to 15,000 United States citizens were in Afghanistan before the evacuation efforts. (14) As of August 31, 2021, the Department of State evacuated just over 6,000 United States citizens, leaving untold numbers of United States citizens stranded in Afghanistan with little recourse for departure. (15) As of August 31, 2021, the United States evacuated 705 out of 22,000 Afghans who applied for special immigrant visas, leaving the vast majority of Afghans behind and vulnerable to retribution by the Taliban. (16) The Taliban continues to hamper the movement of United States citizens and at-risk Afghans out of Afghanistan. (17) On September 10, 2021, the Taliban appointed Sirajjudin Haqqani, a wanted terrorist responsible for attacks against United States citizens, as the Taliban minister of interior, ostensibly responsible for the continued evacuations of United States citizens and at-risk Afghans out of Afghanistan. (18) A Taliban-led government rooted in Sharia law would undermine the vital gains made since 2001, particularly with respect to the rule of law and the rights of women and girls, and would lack credibility and international legitimacy on the world stage. (19) As noted by Human Rights Watch, Even before their takeover of Kabul on August 15, Taliban forces were already committing atrocities, including summary executions of government officials and security force members in their custody. . (20) Since the Taliban’s takeover of Kabul, the Taliban has raided the homes of journalists and activists, as well as members of their families, and restricted girls’ access to education and women’s ability to work. (21) The Lead Inspector General reported in May 2021 that the Taliban had carried out dozens of targeted killings of Afghan civilians, including government officials, teachers, journalists, medical workers, and religious scholars . (22) Despite reportedly providing written assurances to donors and the United Nations, the Taliban also continues to hinder humanitarian access to the most vulnerable areas and individuals in Afghanistan, with an estimated 18,400,000 people, or roughly half of the population in Afghanistan, currently in dire need of lifesaving assistance. (23) Between 2001 and 2020, at least 569 humanitarian workers were targeted for attack in Afghanistan, and in August 2021 alone, at least 240 incidents affecting humanitarian access were reported by relief agencies. (24) The United States has invested more than $56,000,000,000 since 2002 in efforts to address profound humanitarian needs and help the people of Afghanistan, including women, girls, and religious and ethnic minorities, realize their democratic and development aspirations. (25) Despite consistent challenges, United States humanitarian and development assistance has helped expand access to education for more than 3,000,000 girls since 2008, reduce maternal and child deaths by more than half since 2000, provide first-time access to safe drinking water for 650,000 people and improved sanitation services for 1,200,000 people since 2016, and catalyze a 3,000-percent increase in per capita gross domestic product between 2002 and 2018. (26) Following the Taliban takeover in Afghanistan, those notable achievements are at risk of reversal, the country stands on the verge of economic collapse, and according to the World Food Programme of the United Nations, an estimated 14,000,000 people are marching toward starvation . 3. Definitions In this Act: (1) Special immigrant visa program The term special immigrant visa program means— (A) the special immigrant visa program under section 602 of the Afghan Allies Protection Act of 2009 ( Public Law 111–8 ; 8 U.S.C. 1101 note); and (B) the special immigrant visa program under section 1059 of the National Defense Authorization Act for Fiscal Year 2006 ( Public Law 109–163 ; 8 U.S.C. 1101 note) with respect to nationals of Afghanistan. (2) Taliban The term Taliban means the entity— (A) known as the Taliban; (B) operating in Afghanistan; and (C) designated as a specially designated global terrorist under part 594 of title 31, Code of Federal Regulations. (3) Terrorist group The term terrorist group means— (A) any entity designated as a specially designated global terrorist under part 594 of title 31, Code of Federal Regulations (other than the Taliban); or (B) any foreign terrorist organization (as defined in section 219 of the Immigration and Nationality Act ( 8 U.S.C. 1189 )). (4) United States lawful permanent resident The term United States lawful permanent resident means an alien lawfully admitted for permanent residence to the United States (as defined in section 101(a) of the Immigration and Nationality Act ( 8 U.S.C. 1101(a) )). I State Department Afghanistan Task Force and Diplomatic Engagement 101. Task force on evacuations from Afghanistan (a) In general The Secretary of State shall establish and maintain a task force dedicated to— (1) the implementation of a comprehensive strategy relating to the evacuation of United States citizens, United States lawful permanent residents, and applicants for the special immigrant visa program, from Afghanistan; and (2) identifying individuals in Afghanistan who have— (A) applied to the United States Refugee Admissions Program; or (B) sought entry into the United States as humanitarian parolees under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ). (b) Focus of task force The task force established under subsection (a) shall prioritize efforts of the Department of State— (1) to account for all United States citizens still within Afghanistan and ensure all United States citizens have the opportunity to safely depart Afghanistan; and (2) to account for United States lawful permanent residents and applicants for the special immigrant visa program still within Afghanistan and help ensure those individuals have an opportunity to safely depart Afghanistan. (c) Reporting requirement Not later than one year after the date of the enactment of this Act, the Secretary of State shall submit to the appropriate congressional committees a report detailing lessons learned from the task force established under subsection (a), including such lessons related to the evacuation of United States citizens, United States lawful permanent residents, and applicants for the special immigrant visa program, from Afghanistan. (d) Briefing requirement The task force established under subsection (a) shall provide quarterly briefings to the appropriate congressional committees on— (1) the strategy described in subsection (a); and (2) any additional authorities the Department of State requires to better advance the strategy. (e) Termination The task force established under subsection (a) shall terminate on the date that is one year after the date of the enactment of this Act. (f) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. 102. Report on diplomatic engagement and economic cooperation with the Taliban (a) In general Not later than 120 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of State, in coordination with the Administrator of the United States Agency for International Development and the Secretary of the Treasury, shall submit to the appropriate congressional committees a report detailing the manner and extent to which foreign governments and international organizations have pursued diplomatic engagement or economic or security cooperation with the Taliban or members of the Taliban. (b) Elements The report required by subsection (a) shall include a description of— (1) steps taken by foreign governments and international organizations toward formal diplomatic recognition of the Taliban or a government of Afghanistan under the direction or control of the Taliban or members of the Taliban; (2) efforts to maintain or re-establish a diplomatic presence in Kabul; (3) the extent to which formal bilateral relationships serve to bolster the Taliban’s credibility on the world stage; (4) the scale and scope of economic cooperation with the Taliban, or any agency or instrumentality of the Government of Afghanistan under the direction or control of the Taliban or a member of the Taliban, by foreign governments and international organizations, particularly international financial institutions; (5) the extent of any assistance provided by foreign governments and international organizations to or through the Taliban or any agency or instrumentality described in paragraph (4), including humanitarian, technical, and security assistance; and (6) major security cooperation activities or initiatives undertaken by foreign governments with the Taliban or any agency or instrumentality described in paragraph (4), including the establishment by a foreign government of any military presence within Afghanistan. (c) Form of report; availability (1) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Availability The unclassified portion of the report required by subsection (a) shall be made available on a publicly accessible internet website of the Department of State. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. 103. Opposition to recognition of Taliban representative as ambassador to the United States The President should not recognize as the Ambassador of Afghanistan to the United States or accept diplomatic credentials from any individual who is a member of the Taliban. 104. Opposition to participation of Taliban at the United Nations and other measures The United States Ambassador to the United Nations should use the voice, vote, and influence of the United States at the United Nations— (1) to object to the issuance of credentials to any member of the delegation of Afghanistan to the United Nations General Assembly who is a member of the Taliban, consistent with Rules 27 and 28 of the Rules of Procedure of the General Assembly; (2) to ensure that no member of the Taliban may serve in a leadership position in any United Nations body, fund, program, or specialized agency; (3) to support a resolution on human rights abuses committed by the Taliban at the United Nations Human Rights Council and calling for the immediate deployment of human rights monitors to Afghanistan under the special procedures of the Council; (4) to demand immediate, unfettered humanitarian access to the whole of Afghanistan, including to prevent famine and to expand access to lifesaving vaccines and immunizations; and (5) to prevent diversions of humanitarian assistance delivered through United Nations bodies, funds, programs, and specialized agencies to individuals and entities subject to sanctions under United Nations Security Council Resolutions 1988 (2011) and 2255 (2015), including through the imposition of duties, fees, or taxes on such humanitarian assistance or the manipulation of beneficiary lists. 105. Revised strategy for South and Central Asia (a) In general Not later than 90 days after the date of the enactment of this Act, the President shall submit to the appropriate congressional committees a strategy for a path forward for the relationship of the United States with South and Central Asian countries after the United States withdrawal from Afghanistan. (b) Elements The strategy required by subsection (a) shall include the following elements: (1) A detailed description of the security and economic challenges that the Russian Federation, the People’s Republic of China, and the Taliban pose to the countries of South and Central Asia, including border disputes with South and Central Asian countries that border the People’s Republic of China, investments by the Government of the People’s Republic of China in land and sea ports, military activities and installations, transportation infrastructure, and energy projects across the region. (2) A detailed description of United States efforts to provide alternatives to investment by the Government of the People’s Republic of China in infrastructure and other sectors in South and Central Asia. (3) An examination of the areas and sectors in which South and Central Asian countries are subject to political, military, information, and diplomatic pressure from the Russian Federation and the People's Republic of China. (4) An examination of the extent to which the C5+1 format should or should not be changed to reflect the new conditions in Afghanistan. (5) An analysis of the possibilities for access to and basing in Central Asian countries for the United States Armed Forces, and overflight of those countries by United States drones, and the diplomatic outreach needed to achieve those outcomes. (6) A detailed description of bilateral and regional efforts to work with countries in South Asia on strategies to build resilience against efforts of the Government of the People’s Republic of China and the Government of the Russian Federation to interfere in their political systems and economies. (7) A detailed description of United States diplomatic efforts to address the challenges posed by investment by the Government of the People’s Republic of China in the mining and mineral sectors in Afghanistan. (8) Identification of areas where the United States Government can strengthen diplomatic, economic, and defense cooperation with the Government of India, as appropriate, to address economic and security challenges posed by the People’s Republic of China, the Russian Federation, and the Taliban in the region, and an assessment of how the changes to India’s security environment resulting from the Taliban’s takeover of Afghanistan will affect United States engagement with India. (9) A description of the coordination mechanisms among key regional and functional bureaus within the Department of State and the Department of Defense tasked with engaging with the countries of South and Central Asia on issues relating to the People’s Republic of China, the Russian Federation, and the Taliban. (10) A description of the efforts being made by Federal agencies, including the Department of State, the United States Agency for International Development, the Department of Commerce, the Department of Energy, and the Office of the United States Trade Representative, to help the countries of South and Central Asia develop trade and commerce links that will help those countries diversify their trade away from the People’s Republic of China and the Russian Federation. (11) A detailed description of United States diplomatic efforts with South and Central Asian countries, Turkey, and any other countries with significant populations of Uyghurs and other ethnic minorities fleeing persecution in the People’s Republic of China, to press those countries to refrain from deporting ethnic minorities to the People’s Republic of China, protect ethnic minorities from intimidation by authorities of the Government of the People’s Republic of China, and protect the right to the freedoms of assembly and expression. (12) An analysis of the effect ending the denial of nondiscriminatory treatment to the products of the Republic of Kazakhstan, the Republic of Tajikistan, and the Republic of Uzbekistan under chapter 1 of title IV of the Trade Act of 1974 (commonly known as the Jackson-Vanik amendment ) would have on improving trade and diplomatic relations with the United States. (c) Form of report; availability (1) Form The strategy required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (2) Availability The unclassified portion of the strategy required by subsection (a) shall be made available on a publicly accessible internet website of the Department of State. (d) Consultation Not later than 120 days after the date of the enactment of this Act, and not less frequently than annually thereafter for 5 years, the Secretary of State shall consult with the appropriate congressional committees regarding the development and implementation of the strategy required by subsection (a). (e) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Armed Services of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Armed Services of the House of Representatives. (2) C5+ 1 format The term C5+1 format means meetings of representatives of the governments of the United States, the Republic of Kazakhstan, the Kyrgyz Republic, the Republic of Tajikistan, Turkmenistan, and the Republic of Uzbekistan. II Counterterrorism Strategies and Reports 201. Counterterrorism strategy for Afghanistan (a) In general Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report setting forth the United States counterterrorism strategy for Afghanistan and addressing each of the elements described in subsection (b). (b) Elements The elements described in this subsection are the following: (1) An assessment of terrorist activity in Afghanistan and threats posed to the United States by that activity. (2) An assessment of whether the Taliban is taking meaningful action to ensure that Afghanistan is not a safe haven for terrorist groups, such as al Qaeda or ISIS–K, pursuant to the peace agreement signed by the United States and the Taliban in Doha, Qatar, on February 29, 2020, or subsequent agreements or arrangements. (3) A detailed description of all discussions, transactions, deconfliction arrangements, or other agreements or arrangements with the Taliban. (4) An assessment of the status of access, basing, and overflight agreements with countries neighboring Afghanistan that facilitate ongoing United States counterterrorism missions. (5) An assessment of the status of— (A) human intelligence and multi-source intelligence assets dedicated to Afghanistan; and (B) the ability of the United States to detect emerging threats against the United States and allies and partners of the United States. (6) A description of the number and types of intelligence, surveillance, and reconnaissance assets and strike assets dedicated to Afghanistan counterterrorism missions and associated flight times and times on station for such assets. (7) An assessment of local or indigenous counterterrorism partners. (8) An assessment of risks to the mission and risks to United States personnel involved in over-the-horizon counterterrorism options. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 202. Report on entities providing support for the Taliban (a) In general Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of State, in consultation with the Secretary of Defense and the Director of National Intelligence, shall submit to the appropriate congressional committees a report on entities providing support to the Taliban. (b) Elements of first report The first report required by subsection (a) shall include— (1) an assessment of support by state and non-state actors, including the Government of Pakistan, for the Taliban between 2001 and 2020, including the provision of sanctuary space, financial support, intelligence support, logistics and medical support, training, equipping, and tactical, operational, or strategic direction; (2) an assessment of support by state and non-state actors, including the Government of Pakistan, for the 2021 offensive of the Taliban that toppled the Government of the Islamic Republic of Afghanistan, including the provision of sanctuary space, financial support, intelligence support, logistics and medical support, training, equipping, and tactical, operational, or strategic direction; (3) an assessment of support by state and non-state actors, including the Government of Pakistan, for the September 2021 offensive of the Taliban against the Panjshir Valley and the Afghan resistance; and (4) a detailed description of United States diplomatic and military activities undertaken to curtail support for the 2021 offensive of the Taliban that toppled the Government of the Islamic Republic of Afghanistan. (c) Elements of subsequent reports Each report required by subsection (a) after the first such report shall include— (1) an assessment of support by state and non-state actors for the Taliban, including the provision of sanctuary space, financial support, intelligence support, logistics and medical support, training, equipping, and tactical, operational, or strategic direction; (2) an assessment of support by state and non-state actors for offensive actions of the Taliban against any elements of the Afghan resistance; and (3) a detailed description of United States diplomatic and military activities undertaken to curtail support for the Taliban. (d) Form The report required by subsection (a) shall be submitted in unclassified form, but may contain a classified annex. (e) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. 203. Report and strategy on United States-origin defense articles and services provided to Afghanistan (a) Report required (1) In general Not later than 90 days after the date of the enactment of this Act, the Secretary of State, the Secretary of Defense, and the Director of National Intelligence shall submit to the appropriate congressional committees a report on United States-origin defense articles and defense services provided to the Government of Afghanistan on or before August 14, 2021. (2) Elements The report required by paragraph (1) shall include— (A) an inventory of all United States-origin defense articles and defense services provided to the Government of Afghanistan; (B) an assessment of the current location and disposition of all such articles; (C) an assessment of the risks that such articles pose to United States citizens and interests, regional security, and the people of Afghanistan; (D) an assessment of the most sensitive training provided by the United States to Afghan forces and the current location and status of Afghans who received such training; and (E) an assessment of the counterintelligence risk if the Taliban provides access to United States-origin defense articles to the Russian Federation, Iran, or the People's Republic of China. (b) Strategy required (1) In general Not later than 120 days after the date of the enactment of this Act, the Secretary of State, the Secretary of Defense, and the Director of National Intelligence shall submit to the appropriate congressional committees a strategy on United States-origin defense articles and defense services provided to the Government of Afghanistan. (2) Elements The strategy required under subsection (d) shall include— (A) a plan to recover, destroy, or de-militarize United States-origin defense articles that pose a significant risk to United States citizens and interests, regional security, or the people of Afghanistan; and (B) a plan— (i) to identify Afghan personnel whose training could present a significant risk to regional security or to the people of Afghanistan; and (ii) to ensure such personnel are not coerced to support the Taliban or other hostile forces. (c) Form The report required by subsection (a) and the strategy required by subsection (b) shall be submitted in unclassified form, but may include a classified annex. (d) Definitions In this section: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations, the Committee on Armed Services, and the Select Committee on Intelligence of the Senate; and (B) the Committee on Foreign Affairs, the Committee on Armed Services, and the Permanent Select Committee on Intelligence of the House of Representatives. (2) Defense article; defense service; training The terms defense article , defense service , and training have the meanings given those terms in section 47 of the Arms Export Control Act ( 22 U.S.C. 2794 ). III Matters Relating to Hostages, Special Immigrant Visa Applicants, And Refugees 301. Report on hostages taken by the Taliban (a) In general Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report detailing the extent to which the Taliban has engaged in the politically motivated taking or release of hostages or otherwise is engaging in practices of unlawful or wrongful detention. (b) Elements The report required by subsection (a) shall include, at a minimum— (1) an assessment of whether there is credible information that detained United States citizens or United States lawful permanent residents are being held hostage or are being detained unlawfully or wrongfully by the Taliban; and (2) an assessment of whether there is credible information that citizens of NATO allies are being held hostage or are being detained unlawfully or wrongfully by the Taliban. (c) Form The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. 302. Briefings on status of special immigrant visa applicants, refugees, and parolees (a) In general Not later than 10 days after the date of the enactment of this Act, and every 15 days thereafter until September 30, 2022, the Secretary of State, in consultation with the Secretary of Homeland Security, shall provide a briefing to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives on the status of— (1) the processing of applications for the special immigrant visa program; and (2) refugee and parolee designations for nationals of Afghanistan. (b) Elements (1) Initial briefing The initial briefing required by subsection (a) shall include, for the period beginning on August 1, 2021, and ending on the date of the briefing— (A) (i) the number of nationals of Afghanistan who have— (I) submitted applications for— (aa) the special immigrant visa program; or (bb) resettlement in the United States through the United States Refugee Admissions Program; or (II) sought entry to the United States as humanitarian parolees under section 212(d)(5) of the Immigration and Nationality Act ( 8 U.S.C. 1182(d)(5) ); and (ii) the status of such nationals of Afghanistan; (B) the number of Department of State and Department of Homeland Security employees assigned to processing applications described in subparagraph (A)(i)(I) and adjudicating the entry of nationals of Afghanistan as humanitarian parolees; (C) the location of each national of Afghanistan who has submitted such an application or sought entry to the United States as a humanitarian parolee; (D) the status of any agreement between the United States and any foreign government that is hosting such nationals of Afghanistan; (E) an assessment of any required revision to the levels and forms of United States foreign assistance provided to entities supporting such nationals of Afghanistan; and (F) the status of any national of Afghanistan who— (i) after July 1, 2021, submitted an application described in subparagraph (A)(i)(I) or sought entry to the United States as a humanitarian parolee; and (ii) failed to meet United States vetting requirements. (2) Subsequent briefings Each subsequent briefing required by subsection (a) shall include the information described in subparagraphs (A) through (F) of paragraph (1) for the preceding 15-day period. (c) Form A briefing required by subsection (a) may be provided in classified form, as necessary. (d) Written materials The Secretary of State may submit written materials in conjunction with a briefing under this section. IV Restrictions on Foreign Assistance 401. Statement of policy on United States assistance in Afghanistan (a) In general It is the policy of the United States not to provide foreign assistance, including development assistance, economic support, or security assistance under parts I and II of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ), the Millennium Challenge Act of 2003 ( 22 U.S.C. 7701 et seq. ), the Better Utilization of Investments Leading to Development Act of 2018 ( 22 U.S.C. 9601 et seq. ), the FREEDOM Support Act ( 22 U.S.C. 5801 et seq. ), or section 23 of the Arms Export Control Act ( 22 U.S.C. 2763 ), to or through the Taliban, or in a manner that would directly benefit the Taliban in Afghanistan. (b) Humanitarian assistance It is the policy of the United States to support the provision of humanitarian assistance for displaced and conflict-affected persons in Afghanistan consistent with chapter 9 of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2292 et seq. ), provided that such assistance is not provided to or through the Taliban or entities controlled by the Taliban or persons with respect to which sanctions have been imposed under section 602 or 603. (c) Strategy Not later than 30 days after the date of the enactment of this Act, the President shall brief the appropriate congressional committees on the United States strategy to ensure the safe and timely delivery of targeted humanitarian assistance in Afghanistan, including by enabling humanitarian organizations to access related financial services, consistent with this section. 402. Humanitarian assistance to countries and organizations supporting Afghan refugees and Afghan allies of the United States Subject to section 403, it is the policy of the United States to support the provision of humanitarian assistance for displaced and conflict-affected persons seeking refuge from Afghanistan in third countries, as well as for hosting communities with measurable need in such third countries. 403. Review of foreign assistance to countries and organizations supporting the Taliban (a) In general Not later than 180 days after the date of the enactment of this Act, and not less than annually thereafter, the Secretary of State, in consultation with the appropriate congressional committees, shall conduct a comprehensive review of all forms of United States foreign assistance provided to or through the government of any country or any organization providing any form of material support to the Taliban, utilizing transparent metrics to measure the forms, amounts, goals, objectives, benchmarks, and outcomes of such assistance. (b) Aid suspension (1) In general The Secretary of State shall suspend all forms of United States foreign assistance not covered by an exception under section 606(b)(3) provided to or through a government or organization described in subsection (a). (2) Termination The suspension of United States foreign assistance under paragraph (1) shall cease to be in effect on the date on which the Secretary— (A) has certified to the appropriate congressional committees that the government or organization subject to such suspension has ceased to provide material support to the Taliban; or (B) has submitted to the appropriate congressional committees a certification described in section 606(c). (3) Waiver The Secretary may waive the suspension of United States foreign assistance required under paragraph (1) if, not later than 10 days before issuing such a waiver, the Secretary certifies to the appropriate congressional committees that— (A) providing such assistance is in the national security interest of the United States; and (B) sufficient safeguards are in place to ensure that no United States assistance is diverted to support the Taliban. 404. Appropriate congressional committees defined In this title, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. V Human Rights in Afghanistan 501. Report on human rights abuses by the Taliban (a) In general Not later than 180 days after the date of the enactment of this Act, and not less frequently than annually thereafter, the Secretary of State shall submit to the appropriate congressional committees a report detailing the extent to which the Taliban, or any agency or instrumentality of the Government of Afghanistan under the direction or control of the Taliban or a member of the Taliban, has carried out or facilitated serious human rights abuse. (b) Elements The report required by subsection (a) shall include— (1) an assessment of the Taliban’s respect for the rule of law, press freedom, and human rights, including the rights of women, girls, and minorities, in Afghanistan; (2) an assessment of the extent to which the Government of Afghanistan has adhered to the basic human rights standards set out in the United Nations International Covenant on Civil and Political Rights, which was ratified by Afghanistan in 1983, and the Universal Declaration of Human Rights; (3) a description of the scale and scope of any incidents of arbitrary arrest or extrajudicial execution; (4) an assessment of the degree to which Afghans who formerly served as part of the internationally recognized government of Afghanistan or who have ties to the United States have been the target of Taliban-supported revenge killings, enforced disappearances, or other forms of abuse, including torture; (5) a detailed description of how the rights of women, girls, and minorities in Afghanistan have been impacted, specifically with respect to access to education, freedom of movement, and right to employment, since the Taliban’s seizure of power in August 2021; (6) an evaluation of the ability of human rights defenders, female activists, and journalists to freely operate in Afghanistan without fear of reprisal; (7) an assessment of whether any of the abuses carried out by the Taliban, or any agency or instrumentality described in subsection (a), constitute war crimes or crimes against humanity; and (8) a description of any steps taken to impede access by independent human rights monitors and United Nations investigators. (c) Form The report required by subsection (a) shall be provided in unclassified form, but may include a classified annex. (d) Appropriate congressional committees defined In this section, the term appropriate congressional committees means— (1) the Committee on Foreign Relations of the Senate; and (2) the Committee on Foreign Affairs of the House of Representatives. VI Sanctions with Respect to the Taliban 601. Definitions In this title: (1) Admission; admitted; alien The terms admission , admitted , and alien have the meanings given those terms in section 101 of the Immigration and Nationality Act ( 8 U.S.C. 1101 ). (2) Agricultural commodity The term agricultural commodity has the meaning given that term in section 102 of the Agricultural Trade Act of 1978 ( 7 U.S.C. 5602 ). (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Banking, Housing, and Urban Affairs of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Financial Services of the House of Representatives. (4) Foreign person The term foreign person — (A) means a person that is not a United States person; and (B) includes an agency or instrumentality of a foreign government. (5) Medical Device The term medical device has the meaning given the term device in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (6) Medicine The term medicine has the meaning given the term drug in section 201 of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 321 ). (7) United States person The term United States person means— (A) a citizen of the United States or an alien lawfully admitted for permanent residence to the United States; or (B) an entity organized under the laws of the United States or any jurisdiction within the United States, including a foreign branch of such entity. 602. Imposition of sanctions with respect to activities of the Taliban and others in Afghanistan (a) Sanctions relating to support for terrorism On and after the date that is 90 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (d) with respect to each foreign person, including any member of the Taliban, that the President determines provides financial, material, or technological support for, or financial or other services to or in support of, any terrorist group in Afghanistan. (b) Sanctions relating to human rights abuses On and after the date that is 90 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (d) with respect to each foreign person, including any member of the Taliban, that the President determines is responsible for, complicit in, or has directly or indirectly engaged in, serious human rights abuses in Afghanistan. (c) Sanctions relating to drug trafficking On and after the date that is 90 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (d) with respect to each foreign person, including any member of the Taliban, that the President determines— (1) plays a significant role in international narcotics trafficking centered in Afghanistan; or (2) provides significant financial, material, or technological support for, or financial or other services to or in support of, any person described in paragraph (1). (d) Sanctions described The sanctions described in this subsection are the following: (1) Property blocking The exercise of all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a), (b), or (c) if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (a), (b), or (c) shall be— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general The visa or other entry documentation of any alien described in subsection (a), (b), or (c) is subject to revocation regardless of the issue date of the visa or other entry documentation. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) cancel any other valid visa or entry documentation that is in the possession of the alien. 603. Imposition of sanctions with respect to supporters of the Taliban (a) In general On and after the date that is 180 days after the date of the enactment of this Act, the President may impose the sanctions described in subsection (c) with respect to any foreign person that the President determines provides support described in subsection (b) to or in support of— (1) the Taliban or any member of the Taliban; or (2) any agency or instrumentality of the Government of Afghanistan under the direction or control of— (A) the Taliban or a member of the Taliban; or (B) another terrorist group or a member of such a group. (b) Support described Support described in this subsection is any of the following: (1) Military or paramilitary training. (2) Logistical or intelligence support. (3) Safe haven. (4) Financial, material, or technological support. (5) Financial or other services. (c) Sanctions described The sanctions described in this subsection are the following: (1) Property blocking The exercise of all of the powers granted to the President under the International Emergency Economic Powers Act ( 50 U.S.C. 1701 et seq. ) to the extent necessary to block and prohibit all transactions in property and interests in property of a foreign person described in subsection (a) if such property and interests in property are in the United States, come within the United States, or come within the possession or control of a United States person. (2) Ineligibility for visas, admission, or parole (A) Visas, admission, or parole An alien described in subsection (a) may be— (i) inadmissible to the United States; (ii) ineligible to receive a visa or other documentation to enter the United States; and (iii) otherwise ineligible to be admitted or paroled into the United States or to receive any other benefit under the Immigration and Nationality Act ( 8 U.S.C. 1101 et seq. ). (B) Current visas revoked (i) In general The visa or other entry documentation of any alien described in subsection (a) is subject to revocation regardless of the issue date of the visa or other entry documentation. (ii) Immediate effect A revocation under clause (i) shall— (I) take effect immediately; and (II) cancel any other valid visa or entry documentation that is in the possession of the alien. 604. Support for multilateral sanctions with respect to the Taliban (a) Voice and vote at united nations The Secretary of State shall use the voice and vote of the United States at the United Nations to maintain the sanctions with respect to the Taliban described in and imposed pursuant to United Nations Security Council Resolution 1988 (2011) and United Nations Security Council Resolution 2255 (2015). (b) Engagement with allies and partners The Secretary of State shall, acting through the Office of Sanctions Coordination established under section 1(h) of the State Department Basic Authorities Act of 1956 ( 22 U.S.C. 2651a(h) ), engage with the governments of allies and partners of the United States to promote their use of sanctions against the Taliban, particularly for any support for terrorism, serious human rights abuses, or international narcotics trafficking. 605. Implementation; penalties (a) Implementation The President may exercise all authorities provided under sections 203 and 205 of the International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) to carry out this title. (b) Penalties A person that violates, attempts to violate, conspires to violate, or causes a violation of this title or any regulation, license, or order issued to carry out this title shall be subject to the penalties set forth in subsections (b) and (c) of section 206 of the International Emergency Economic Powers Act ( 50 U.S.C. 1705 ) to the same extent as a person that commits an unlawful act described in subsection (a) of that section. (c) Report on implementation of sanctions (1) In general Not later than 90 days after the date of the enactment of this Act, and every 90 days thereafter, the Secretary of State and the Secretary of the Treasury shall jointly submit to the appropriate congressional committees a report on the implementation of sanctions under this title. (2) Elements Each report required by paragraph (1) shall include the following: (A) A description of the number and identity of foreign persons with respect to which sanctions were imposed under sections 602 and 603 during the 90-day period preceding submission of the report. (B) A description of the efforts of the United States Government to maintain sanctions on the Taliban at the United Nations pursuant to section 604(a) during that period. (C) A description of the impact of sanctions imposed under sections 602 and 603 on the behavior of the Taliban, other groups, and other foreign governments during that period. 606. Waivers; exceptions; suspension (a) Waiver The President may waive the application of sanctions under this title with respect to a foreign person if the President, not later than 10 days before the waiver is to take effect, determines and certifies to the appropriate congressional committees that such a waiver is in the vital national security interest of the United States. The President shall submit with the certification a detailed justification explaining the reasons for the waiver. (b) Exceptions (1) Exception for intelligence activities Sanctions under this title shall not apply to any activity subject to the reporting requirements under title V of the National Security Act of 1947 ( 50 U.S.C. 3091 et seq. ) or any authorized intelligence activities of the United States. (2) Exception to comply with international obligations and for law enforcement activities Sanctions under section 602(d)(2) or 603(c)(2) shall not apply with respect to an alien if admitting or paroling the alien into the United States is necessary— (A) to permit the United States to comply with the Agreement regarding the Headquarters of the United Nations, signed at Lake Success June 26, 1947, and entered into force November 21, 1947, between the United Nations and the United States, or other applicable international obligations; or (B) to carry out or assist law enforcement activity in the United States. (3) Exceptions for humanitarian purposes (A) In general Sanctions under this title shall not apply with respect to the following activities: (i) Activities to support humanitarian projects to meet basic human needs in Afghanistan, including— (I) disaster relief; (II) assistance to refugees, internally displaced persons, and conflict victims; (III) provision of health services; and (IV) provision of agricultural commodities, food, medicine, medical devices, or other articles to provide humanitarian assistance to the people of Afghanistan. (ii) Activities to support democracy building in Afghanistan, including projects relating to the rule of law, citizen participation, government accountability, and civil society development. (iii) Activities determined by the Secretary of State to be appropriate for supporting education in Afghanistan and that do not directly benefit the Taliban, including combating illiteracy, increasing access to education, particularly for girls, and assisting education reform projects. (iv) Activities that do not directly benefit the Taliban to prevent infectious disease and promote maternal and child health, food security, and clean water assistance. (v) Transactions necessary and incident to activities described in clauses (i) through (v). (vi) Transactions incident to travel into or out of Afghanistan on a commercial or charter flight or through a land border crossing. (B) Personal communication Sanctions under this title shall not apply to any postal, telegraphic, telephonic, or other personal communication that does not involve a transfer of anything of value. (C) Internet communications Sanctions under this title shall not apply to the provision of— (i) services incident to the exchange of personal communications over the internet or software necessary to enable such services; (ii) hardware necessary to enable such services; or (iii) hardware, software, or technology necessary for access to the internet. (D) Goods, services, or technologies necessary to ensure the safe operation of commercial aircraft Sanctions under this title shall not apply to the provision of goods, services, or technologies necessary to ensure the safe operation of commercial aircraft produced in the United States or commercial aircraft into which aircraft components produced in the United States are incorporated, if the provision of such goods, services, or technologies is approved by the Secretary of the Treasury, in consultation with the Secretary of Commerce, pursuant to regulations prescribed by the Secretary of the Treasury regarding the provision of such goods, services, or technologies, if appropriate. (4) Exception relating to importation of goods (A) In general The authorities and requirements to impose sanctions authorized under this title shall not include the authority or a requirement to impose sanctions on the importation of goods. (B) Good defined In this paragraph, the term good means any article, natural or manmade substance, material, supply, or manufactured product, including inspection and test equipment, and excluding technical data. (c) Suspension of sanctions (1) Suspension The Secretary of State, in consultation with the Secretary of Defense, the Director of National Intelligence, and the Secretary of the Treasury, may suspend the imposition of sanctions under this title if the Secretary of State certifies in writing to the appropriate congressional committees that the Taliban has— (A) publicly and privately broken all ties with other terrorist groups, including al Qaeda; (B) verifiably prevented the use of Afghanistan as a platform for terrorist attacks against the United States or partners or allies of the United States, including by denying sanctuary space, transit of Afghan territory, and use of Afghanistan for terrorist training, planning, or equipping; (C) provided humanitarian actors with full, unimpeded access to vulnerable populations throughout Afghanistan without interference or diversion; (D) respected freedom of movement, including by facilitating the departure of foreign nationals, applicants for the special immigrant visa program, and other at-risk Afghans by air or land routes, and the safe, voluntary, and dignified return of displaced persons; and (E) supported the establishment of an inclusive government of Afghanistan that respects the rule of law, press freedom, and human rights, including the rights of women and girls. (2) Report required The Secretary of State shall submit to the appropriate congressional committees with any certification under paragraph (1) a report addressing in detail each of the criteria for the suspension of sanctions under paragraph (1). Such report shall be submitted in unclassified form. VII General Provisions 701. Termination This Act shall terminate on the date that is 10 years after the date of the enactment of this Act.
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II 117th CONGRESS 1st Session S. 2864 IN THE SENATE OF THE UNITED STATES September 27, 2021 Ms. Hassan (for herself and Ms. Ernst ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the Secretary of the Treasury to submit to Congress a report on virtual currencies and global competitiveness.
1. Virtual currencies and their global use (a) Report Not later than 2 years after the date of enactment of this Act, the Secretary of the Treasury, in consultation with the Attorney General, the United States Trade Representative, the Board of Governors of the Federal Reserve System, the Office of the Director of National Intelligence, and any other agencies or departments that the Secretary of the Treasury determines are necessary, shall submit to the Committee on Agriculture, Nutrition, and Forestry, Committee on Finance, the Committee on Banking, Housing, and Urban Affairs, the Committee on Foreign Relations, and the Committee on the Judiciary of the Senate and the Committee on Agriculture, the Committee on Ways and Means, the Committee on Foreign Affairs, the Committee on the Judiciary, and Committee on Financial Services of the House of Representatives a report on virtual currency and their global use, which shall— (1) assess how foreign countries use and mine virtual currencies, including identifying the largest state and private industry users and miners of virtual currency, policies foreign countries have adopted to encourage virtual currency use and mining, and how foreign countries could be strengthened or undermined by the use and mining of cryptocurrencies within their borders; (2) identify, to the greatest extent practicable, the types and dollar value of virtual currency mined for each of fiscal years 2016 through 2022 within the United States and globally, as well as within the People’s Republic of China and within any other countries the Secretary of the Treasury determines are relevant; and (3) identify vulnerabilities, including those related to supply disruptions and technology availability of the global microelectronic supply chain, and opportunities with respect to virtual currency mining operations. (b) Classified annex The report required under subsection (a) shall be submitted in unclassified form, but may contain a classified annex.
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117-s-2865
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II 117th CONGRESS 1st Session S. 2865 IN THE SENATE OF THE UNITED STATES September 27, 2021 Mr. Wyden introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To improve the unemployment insurance program.
1. Short title; table of contents (a) Short title This Act may be cited as the Unemployment Insurance Improvement Act . (b) Table of contents The table of contents of this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Floor on the number of weeks. Sec. 3. Base period. Sec. 4. Minimum level of prior employment. Sec. 5. Part-time work. Sec. 6. Access to benefits. 2. Floor on the number of weeks (a) In general Section 3304(a) of the Internal Revenue Code of 1986 is amended— (1) in paragraph (18), by striking and at the end; (2) by redesignating paragraph (19) as paragraph (20); and (3) by inserting after paragraph (18) the following new paragraph: (19) the minimum duration of benefits is at least 26 weeks and no variable duration formula that provides for maximum weeks of benefits of fewer than 26 weeks is used, or, in the case of a State that uses a maximum benefit entitlement, an individual’s maximum benefit entitlement may not be less than 26 times the individual’s weekly benefit amount; and . (b) Effective date The amendments made by subsection (a) shall apply to weeks of unemployment beginning on or after the earlier of— (1) the date the State changes its statutes, regulations, or policies in order to comply with such amendments; or (2) January 1, 2024. 3. Base period (a) In general Section 3304(a) of the Internal Revenue Code of 1986, as amended by section 2, is amended— (1) in paragraph (19), by striking and at the end; (2) by redesignating paragraph (20) as paragraph (21); and (3) by inserting after paragraph (19) the following new paragraphs: (20) the State law— (A) uses a base period that consists of at least 4 completed calendar quarters preceding the effective date of the claim and includes the most recently completed calendar quarter before the start of the benefit year for purposes of determining eligibility for unemployment compensation; or (B) provides that, in the case of an individual who would not otherwise be eligible for unemployment compensation under the State law because of the use of a base period that does not meet the requirements described in subparagraph (A), eligibility is determined using a base period that consists of at least 4 completed calendar quarters preceding the effective date of the claim and includes the most recently completed calendar quarter before the start of the benefit year; and . (b) Effective date The amendments made by subsection (a) shall apply to weeks of unemployment beginning on or after the earlier of— (1) the date the State changes its statutes, regulations, or policies in order to comply with such amendments; or (2) January 1, 2024. 4. Minimum level of prior employment (a) Requirement (1) In general Section 3304(a) of the Internal Revenue Code of 1986, as amended by sections 2 and 3, is amended— (A) in paragraph (20), by striking and at the end; (B) by redesignating paragraph (21) as paragraph (22); and (C) by inserting after paragraph (20) the following new paragraph: (21) compensation is not denied to an otherwise eligible individual if the individual earned at least $1,000 in covered wages during the highest quarter of the base period and at least $1,500 in covered wages during the base period; and . (2) State may reduce minimum thresholds Nothing in paragraph (21) of section 3304(a) of the Internal Revenue Code of 1986, as added by paragraph (1), shall preclude a State from reducing the dollar thresholds described in such paragraph (22). (b) Effective date The amendments made by subsection (a) shall apply to weeks of unemployment beginning on or after the earlier of— (1) the date the State changes its statutes, regulations, or policies in order to comply with such amendments; or (2) January 1, 2024. 5. Part-time work (a) In general Section 3304(a) of the Internal Revenue Code of 1986, as amended by sections 2, 3, and 4, is amended— (1) in paragraph (21), by striking and at the end; (2) by redesignating paragraph (22) as paragraph (25); and (3) by inserting after paragraph (21) the following new paragraphs: (22) an individual is not denied unemployment compensation under any State law provisions relating to ability to work, availability for work, active search for work, or refusal to accept work, solely on the basis of the number of hours of work such individual is seeking, provided that the individual is seeking at least the lesser of— (A) 20 hours of work per week; or (B) a number of hours of work per week equal to at least one half of the typical number of hours worked per week in the individual’s base period; (23) an individual may claim benefits for a week of partial unemployment, including in circumstances where an individual has had their hours reduced or performs part-time work while continuing to search for additional part-time or full-time work, if their earnings are less than the individual’s weekly benefit amount; (24) when determining the weekly benefit amount for an individual claiming a benefit for a week of partial unemployment, the State disregards, at a minimum, earnings equal to 1/3 of the individual’s weekly benefit amount in computing the individual’s weekly benefit for partial unemployment; and . (b) Effective date The amendments made by subsection (a) shall apply to weeks of unemployment beginning on or after the earlier of— (1) the date the State changes its statutes, regulations, or policies in order to comply with such amendments; or (2) January 1, 2024. 6. Access to benefits Section 303 of the Social Security Act ( 42 U.S.C. 503 ) is amended by adding at the end the following new subsection: (n) Access to benefits (1) In general Not later than January 1, 2024, the State agency charged with the administration of the State law shall, in accordance with standards established by the Secretary— (A) require that employers in the State provide information regarding claim-filing for unemployment compensation to employees upon separation from employment; (B) have in place methods for employers to notify the State workforce agency of employees who may apply for unemployment compensation due to short-term layoffs, business shutdowns, partial unemployment, and short-time compensation; (C) ensure that any online claim-filing system used by the State— (i) can be readily understood and used by the vast majority of applicants and claimants, including individuals with limited English proficiency, individuals with disabilities, older individuals, and individuals with literacy challenges; (ii) is available in any language spoken by more than 1 percent of the State’s population (with such translations completed by human translators rather than translation software); (iii) is accessible and optimized for all commonly used desktop computers, tablets, and mobile devices and operating systems such that any features of the online claim filing component (such as the ability to upload documentation) that are available in the desktop version of the online claim filing component are also available in the tablet and mobile versions; (iv) allows for electronic submission of documentation required to support a claim, including the ability of applicants and claimants to scan or photograph and submit documentation using a tablet or mobile device; (v) is available 24 hours a day, 7 days a week, with the exception of scheduled and emergency maintenance that shall be conducted, to the extent practicable, at nonpeak hours; (vi) provides self-service account recovery that can be completed online; and (vii) deploys multiple methods of communication with applicants and claimants, such as short message service (SMS) message, email, postal mail, live chat, or chatbots; and (D) ensure that alternate means of claim filing are available for individuals who are unable to file through the State’s online claim-filing system. (2) Enforcement Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to the State. .
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II 117th CONGRESS 1st Session S. 2866 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Rubio (for himself, Mr. Scott of Florida , Mr. Marshall , Mr. Cramer , Mrs. Blackburn , Mr. Braun , and Mr. Tuberville ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To prohibit the Secretary of Health and Human Services from restricting direct access by health care facilities to COVID–19 monoclonal antibody therapies.
1. Short title This Act may be cited as the Treatment Restoration for Emergency Antibody Therapeutics Act or the TREAT Act . 2. Prohibition on restrictions on direct access to COVID–19 monoclonal antibody therapies (a) In general Notwithstanding any other provision of law, the Secretary of Health and Human Services (referred to in this section as the Secretary ) may not implement or continue in effect any policy that would restrict hospitals or other appropriate health care facilities from ordering and receiving COVID–19 monoclonal antibody therapies directly from manufacturers and distributors of such therapies. (b) Nullification of certain policy Pursuant to subsection (a), effective on the date of enactment of this Act, the policy under which the Secretary required hospitals and other facilities to work through State or territorial governments to receive supplies of COVID–19 monoclonal antibody therapies allocated by the Secretary to such States or territories, announced by such Secretary on September 13, 2021, shall have no force or effect.
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II 117th CONGRESS 1st Session S. 2867 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Moran (for himself, Mr. Thune , Mr. Risch , Mr. Cramer , Mr. Hoeven , Mr. Crapo , Mr. Lankford , and Mr. Daines ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To clarify the rights of Indians and Indian Tribes on Indian lands under the National Labor Relations Act.
1. Short title This Act may be cited as the Tribal Labor Sovereignty Act of 2021 . 2. Definition of employer Section 2 of the National Labor Relations Act ( 29 U.S.C. 152 ) is amended— (1) in paragraph (2), by inserting or any Indian Tribe, or any enterprise or institution owned and operated by an Indian Tribe and located on its Indian lands, after subdivision thereof, ; and (2) by adding at the end the following: (15) The term Indian Tribe means any Indian Tribe, band, nation, pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians. (16) The term Indian means any individual who is a member of an Indian Tribe. (17) The term Indian lands means— (A) all lands within the limits of any Indian reservation; (B) any lands title to which is either held in trust by the United States for the benefit of any Indian Tribe or Indian or held by any Indian Tribe or Indian subject to restriction by the United States against alienation; and (C) any lands in the State of Oklahoma that are within the boundaries of a former reservation (as defined by the Secretary of the Interior) of a federally recognized Indian Tribe. .
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117-s-2868
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II Calendar No. 138 117th CONGRESS 1st Session S. 2868 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Schumer introduced the following bill; which was read the first time September 29, 2021 Read the second time and placed on the calendar A BILL To temporarily extend the public debt limit until December 16, 2022.
1. Temporary extension of public debt limit (a) In general Section 3101(b) of title 31, United States Code, shall not apply for the period beginning on the date of enactment of this Act and ending on December 16, 2022. (b) Special rule relating to obligations issued during extension period Effective on December 17, 2022, the limitation in effect under section 3101(b) of title 31, United States Code, shall be increased to the extent that— (1) the face amount of obligations issued under chapter 31 of such title 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) outstanding on December 17, 2022, exceeds (2) the face amount of such obligations outstanding on the date of enactment of this Act. (c) Extension limited to necessary obligations An obligation shall not be taken into account under subsection (b)(1) unless the issuance of such obligation was necessary to fund a commitment incurred pursuant to law by the Federal Government that required payment before December 17, 2022.
September 29, 2021 Read the second time and placed on the calendar
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117-s-2869
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II 117th CONGRESS 1st Session S. 2869 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Rubio (for himself, Mr. Cassidy , Mrs. Hyde-Smith , and Mr. Cornyn ) introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To temporarily limit the authority of the Administrator of the Federal Emergency Management Agency to prescribe chargeable premium rates for flood insurance under the National Flood Insurance Program.
1. Short title This Act may be cited as the NFIP Risk Rating 2.0 Delay Act of 2021 . 2. Premium rate freeze Notwithstanding section 1308(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4015(a) ), during the period beginning on the date of enactment of this Act and ending on September 30, 2022, the chargeable premium rates for flood insurance coverage under the National Flood Insurance Act of 1968 ( 42 U.S.C. 4001 et seq. ), as in effect on the day before that date of enactment— (1) shall remain in effect; and (2) may not be adjusted by the Administrator of the Federal Emergency Management Agency.
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117-s-2870
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II 117th CONGRESS 1st Session S. 2870 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Warner introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To create portable retirement and investment accounts for all Americans, and for other purposes.
1. Short title This Act may be cited as the Portable Retirement and Investment Account Act of 2021 or the PRIA Act of 2021 . 2. Portable Retirement and Investment Board (a) Establishment There is established a Portable Retirement and Investment Board (referred to in this Act as the Board ) to be headed by a Director (referred to in this Act as the Director ). (b) Membership (1) In general The Board shall consist of— (A) 3 members appointed by the Secretary of the Treasury; (B) 3 members appointed by the Secretary of Labor; (C) 2 members appointed by the Pension Benefit Guaranty Corporation; and (D) 1 member appointed by the Director of the Bureau of Consumer Financial Protection. (2) Deadline for appointment The appointments described under paragraph (1) shall be made not later than 1 year after the date of the enactment of this Act. (3) Limitation In making appointments under paragraph (1), the officials making such appointments shall coordinate to ensure that not more than 5 members of the same political party may serve on the Board at the same time. (4) Terms of office Each member of the Board shall hold office for a term of 5 years and shall continue in office until such member's successor is appointed in the same manner as the original appointment was made. The terms of office of the members of the Board first taking office after the date of the enactment of this Act shall expire as follows: 1 at the end of 1 year, 2 at the end of 2 years, 2 at the end of 3 years, 2 at the end of 4 years, and 2 at the end of 5 years. (5) Vacancies Each member of the Board shall continue in office until a successor is appointed in the same manner as the original appointment was made. Any vacancy on the Board shall be filled in the same manner as the initial appointment was made, and members of the Board appointed to fill vacancies shall be appointed for the remainder of such term. (c) Director (1) In general The Director shall be selected by the President from among the members of the Board. (2) Authority to issue regulations The Director is authorized to issue such regulations or other guidance as the Director determines are necessary to carry out the purposes of this Act. 3. Contracts to provide portable retirement and investment accounts (a) In general Not later than 1 year after the date of the enactment of this Act, the Director shall establish a program under which— (1) the Director shall invest the assets in each PRIA Basic Account established under section 4 in a lifecycle fund described in subsection (c); and (2) the Director shall group PRIA Basic Accounts so established into classes based on the year the beneficiary of each such account will attain age 65. Once a class of PRIA Basic Accounts contains, in the aggregate, enough assets so that the establishment of a dedicated target date fund for such class would be cost effective, the Director shall award (on a rotating basis) to an entity certified under subsection (b) a contract to act as trustee of all such accounts and to invest such accounts in a lifecycle fund provided by the trustee as described in subsection (c). (b) Certification of trustees The Director may not award a contract to an entity under subsection (a) unless the Director has certified such entity under this subsection. The Director shall establish certification criteria which shall include the following: (1) Expertise, including the professional qualifications, business model, experience, and training of the trustee and any service providers that the trustee intends to use. (2) Registration, licensing, and financial soundness demonstrating that participant funds would be handled by a regulated financial entity. (3) Reputation and customer service, including records of comments or complaints from employers and participants, timely consideration and resolution of complaints filed, and independent rating or accreditations. (c) Lifecycle fund A lifecycle fund described in this subsection is a fund that— (1) is comprised of an appropriate mix of index funds; (2) is automatically adjusted over time during the time horizon of the fund; (3) strikes a balance between expected risk and return over the time horizon of the fund; and (4) has an initial target retirement date that is consistent with retirement at age 65. (d) Fiduciary responsibility A trustee of a portable retirement and investment account shall act as a fiduciary to the account holder and shall discharge his duties with respect to the account in the sole interest of the account holder under rules similar to those applicable to an ERISA fiduciary under section 404 of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1104 ). (e) Contracts (1) Number of contracts awarded, etc The Director shall enter into contracts with 10 entities at any given time to provide services under subsection (a), and shall not award a contract to any entity which has an existing contract under such subsection. Each such contract shall have a duration of 5 years. (2) Consideration In awarding contracts to entities under subsection (a), the Director shall consider— (A) the specific composition of the lifecycle funds provided by such trustee; (B) the services to account holders offered by such trustee, including available investment advice; (C) the fees charged by such trustee; and (D) the importance of maintaining a diversity of trustees. 4. Establishment; contributions (a) Establishment (1) Portable Retirement and Investment Account Fund There is established in the Treasury the Portable Retirement and Investment Account Fund (in this Act referred to as the Fund ). The Board shall, to the greatest extent practicable and consistent with the requirements of this Act, manage the Fund in the same manner as the Thrift Savings Fund established under section 8437 of title 5, United States Code. (2) Accounts For each individual for whom a notification is made under clause (iv) of section 205(c)(2)(B) of the Social Security Act ( 42 U.S.C. 405(c)(2)(B) ), as added by paragraph (3), or whose name is included on the list submitted under paragraph (4), not later than 90 days after such notification or submission, the Director shall establish, with such individual as the sole beneficiary, a portable retirement and investment account (in this Act referred to as a PRIA Basic Account ) within the Fund. (3) Notification of issuance of social security account number (A) In general Section 205(c)(2)(B) of the Social Security Act ( 42 U.S.C. 405(c)(2)(B) ) is amended by adding at the end the following: (iv) Not later than 60 days after assigning a social security account number to an individual, the Commissioner of Social Security shall notify the Director of the Portable Retirement and Investment Account Board of such assignment. . (B) Effective date The amendment made by subparagraph (A) shall apply with respect to social security account numbers assigned after a certain date, to be designated by the Director, occurring not later than 3 years after the date of the enactment of this Act. (4) Transition Not later than the date designated pursuant to paragraph (3)(B), occurring not later than 3 years after the date of the enactment of this Act, the Commissioner of Social Security shall submit to the Director a list of the name of each living individual who has been assigned a social security account number. (b) Federal contributions (1) In general In the case of an individual for whom a notification is made under clause (iv) of section 205(c)(2)(B) of the Social Security Act ( 42 U.S.C. 405(c)(2)(B) ), as added by subsection (a)(3), who is a child of a taxpayer who received a credit against tax under section 32 of the Internal Revenue Code of 1986 for the most recent taxable year ending before the date of the notification under such subsection, the Director shall deposit into the portable retirement and investment account (without regard to whether such account is a PRIA Basic Account or a PRIA Choice Account described in subsection (f)) of the individual an amount determined under paragraph (2). (2) Amount Subject to paragraph (3), the amount determined under this paragraph is— (A) in the case of a taxpayer eligible for the maximum credit applicable to such individual under section 32 of the Internal Revenue Code of 1986, the applicable contribution amount; and (B) in any other case, a lower amount to be determined under regulations issued by the Secretary of the Treasury to reflect a proportional reduction of such amount as the credit under such section decreases. (3) Applicable contribution amount (A) In general For purposes of this subsection, the term applicable contribution amount means $500. (B) Inflation adjustment In the case of any taxable year beginning in a calendar year after 2021, the dollar amount in subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) of the Internal Revenue Code of 1986 for the calendar year in which the taxable year begins, by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. Any increase determined under the preceding sentence shall be rounded to the nearest multiple of $10. (4) Contribution for transfer If a beneficiary of a PRIA Basic Account (or, in the case of a beneficiary who is under 18 years of age, the parent or guardian of the beneficiary) makes the election under subsection (f), the Director shall provide for a $50 deposit if the beneficiary completes a financial literacy training, as determined appropriate by the Director. (c) Personal contributions (1) In general Except in the case of an individual who is an active participant (as defined in section 219(g)(5) of the Internal Revenue Code of 1986) for any part of a plan year ending with or within the calendar year, the beneficiary of a PRIA Basic or PRIA Choice Account may contribute additional funds for deposit into such account during the calendar year. (2) Direct deposit Any employer who permits wages to be paid to an employee described in paragraph (5) by electronic funds transfer shall permit such employee to elect to deposit, by means of electronic funds transfer, a portion of such wages specified by the employee into the employee’s portable retirement and investment account. (3) Automatic contribution arrangement Any employer may provide that an employee described in paragraph (5) is treated as having elected to have the employer make contributions in an amount equal to a uniform percentage of compensation disclosed in advance to the employee until the employee specifically elects not to have such contributions made (or specifically elects to have such contributions made at a different percentage). Such uniform percentage of compensation may automatically increase according to a schedule provided by the employer. (4) Supersedure Paragraph (3) shall supersede any law of any State (within the meaning of section 514(c)(1) of title 29) which would directly or indirectly prohibit an employer from adopting an arrangement described in paragraph (3). The Director may prescribe regulations which would establish minimum standards that such an arrangement would be required to satisfy in order for this paragraph to apply in the case of such arrangement. (5) Employee described An employee described in this paragraph is an individual— (A) whose employer does not maintain a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986); (B) whose employment consists of work (whether or not as an employee) through mobile platforms; or (C) who is not eligible to participate in the qualified retirement plan (as so defined) of the employee’s employer. (6) Contribution limit The aggregate amount of contributions under this subsection for any taxable year to the individual’s PRIA Basis or PRIA Choice Account shall not exceed the amount allowable under section 219(b) of the Internal Revenue Code of 1986 with respect to the individual for the taxable year. (d) Employer and mobile platform duties and responsibilities (1) Contributions The employer of a beneficiary of a PRIA Basic or PRIA Choice Account may at any time contribute additional funds for deposit into such account, to the extent the total of such contributions under this subsection and subsection (c) does not exceed the limitation in effect with respect to the individual under subsection (c)(6) for the taxable year. (2) Maintenance of direct deposit mechanism Any employer that does not maintain a qualified retirement plan (as defined in section 4974(c) of the Internal Revenue Code of 1986) or maintains such a plan eligibility for which is restricted to only certain employees shall provide a mechanism for the direct deposit of funds as described in subsection (c)(2) for each employee of the employer. (3) Mobile platforms Any mobile platform through which individuals perform work and receive compensation (whether or not as an employee) shall provide a mechanism for the direct deposit of funds, by means of electronic funds transfer, identified by the individual into the individual's portable retirement and investment account. (e) Reporting requirements for employers making contributions In the case of any employer that makes contributions to a PRIA Basic or PRIA Choice Account on behalf of the employer’s employees, rules similar to the rules applicable to simple retirement accounts under section 2(h) of the Employee Retirement and Income Security Act of 1974 ( 29 U.S.C. 1001(h) ) shall apply. (f) Transfer option (1) In general A beneficiary of a PRIA Basic Account (or, in the case of a beneficiary who is under 18 years of age, the parent or guardian of the beneficiary) may elect at any time to transfer the entire amount in such portable retirement and investment account to any PRIA Choice Account (as defined in section 223A of the Internal Revenue Code of 1986) with such beneficiary as the sole beneficiary. Such account shall be held by a custodial entity such as a bank, credit union, trust company or an entity that is licensed and regulated by the Secretary pursuant to requirements consistent with section 1.408–2e of title 26, Code of Federal Regulations. Investments in such accounts are not subject to the limitation to lifecycle funds described in section 3. (2) Notifications (A) Statements The Director shall ensure that account statements are delivered to the beneficiary of a portable retirement and investment account by electronic delivery to the extent practicable. (B) Notice of transfer option When the amount in a portable retirement and investment account first exceeds $15,000 and when the beneficiary of the account attains the age of 18, the Director shall notify the beneficiary of the account of the option under paragraph (3) to transfer the entire amount in such account to an individual retirement account. (3) IRA rollover A beneficiary of a PRIA Basic or a PRIA Choice Account (or, in the case of a beneficiary who is under 18 years of age, the parent or guardian of the beneficiary) may elect at any time to transfer the entire amount in such account to an individual retirement account (as defined in section 408 of the Internal Revenue Code of 1986) with such beneficiary as the sole beneficiary. For purposes of such Code, such a rollover shall be treated as described in section 408(d)(3) of such Code. 5. Optional treatment of contributions as Roth contributions (a) In general The Fund (or custodial entity in the case of a PRIA Choice Account) shall allow an individual to designate all or a portion of any contributions otherwise allowed to be made to a PRIA Basic or PRIA Choice Account as Roth contributions. Any contribution so designated shall be treated as a contribution to a PRIA Basic or PRIA Choice Account, as the case may be, for purposes of this Act and the Internal Revenue Code of 1986, except that no deduction shall be allowed with respect to any such contribution. (b) Separate accounting The Fund (or such custodial entity) shall provide for separate accounts for amounts designated as Roth contributions under subsection (a) and earnings attributable thereto. (c) Designation limit The amount of contributions which an individual may designate under subsection (a) shall not exceed the excess (if any) of— (1) the maximum amount of contributions allowed for such individual for the taxable year under section 4(c)(6); over (2) the aggregate amount of contributions of the individual for the taxable year which the individual does not designate under subsection (a). (d) Roth IRA rules applicable Except to the extent otherwise provided in this section, rules similar to the rules of section 408A of the Internal Revenue Code of 1986 shall apply with respect to amounts designated under subsection (a) (and the earnings attributable thereto). 6. Data portal (a) In general The Director shall establish a standardized portal for the Fund (or each custodial entity in the case of PRIA Choice Account), and any plan administrator (as defined in section 414(g) of the Internal Revenue Code of 1986) of a plan to which section 6058 of the Internal Revenue Code of 1986 applies, to submit the reports required under subsection (b), the back end of which is developed and standardized to ensure ease of data upload by plan sponsors. (b) Reports required Each such plan administrator, and the Fund or each such custodial entity in the case of a PRIA Basic or PRIA Choice Account, shall report on a quarterly basis to the Director, by uploading such report to the portal established under subsection (a). Each such report shall include— (1) information on the assets held by such account as of market close the day before the last day of the quarter; (2) the balance of the account on the first and last day of the quarter; (3) the gross of contributions, withdrawals, transfers, and realized and unrealized gains and losses (reported separately by fund) with respect to the account; (4) expense ratios, reported separately by fund; (5) the rate of return for the preceding 12 months, reported both overall and separately by fund; and (6) the lifetime income stream equivalent of the total benefits accrued (as defined in section 105(a)(2)(D)(i)(II) of the Employee Retirement Income Security Act of 1974 ( 29 U.S.C. 1025(a)(2)(D)(i)(II) )) in the account as of the last day of the quarter. (c) Failure To provide report Any failure to provide the report pursuant to subsection (b) shall be treated by the Secretary of the Treasury as a failure to file a return or statement required under section 6058 of the Internal Revenue Code of 1986. (d) Regulations The Director may prescribe such regulations as may be necessary or appropriate to carry out the purposes of this section. (e) Appropriations There is appropriated to the Director, out of any funds in the Treasury not otherwise appropriated, such funds as are necessary to carry out the requirements of this section, including for the development and ongoing hosting costs of the portal established under subsection (a). (f) Rule of construction Compliance with the provisions of this section requiring plan sponsors to disclose or share information shall not constitute a violation of the provisions of Gramm-Leach-Bliley Act or the Employee Retirement Income Security Act of 1974. 7. Tax treatment of portable retirement and investment accounts (a) In general Section 7701 of the Internal Revenue Code of 1986 is amended by redesignating subsection (p) as subsection (q) and by inserting after subsection (o) the following new subsection: (p) Tax treatment of portable retirement and investment accounts For purposes of this title— (1) In general Any portable retirement and investment account shall be treated as an individual retirement plan, and, except to the extent provided in section 223A or the Portable Retirement and Investment Account Act of 2021 , any contribution to, or distribution from, such a portable retirement and investment account shall be treated in the same manner as contributions to, or distributions from, such a plan. (2) Treatment of Roth contributions Any portable retirement and investment account to which Roth contributions are made pursuant to section 5 of such Act shall be treated as a Roth IRA with respect to such contributions under rules similar to the rules of paragraph (1). (3) Portable retirement and investment account The term portable retirement and investment account means— (A) a PRIA Basic Account established under section 4 of the Portable Retirement and Investment Account Act of 2021 , and (B) a PRIA Choice Account (as defined in section 223A(c)). . (b) Other rules relating to PRIA Choice Accounts Part VII of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after section 223 the following new section: 223A. PRIA Choice Accounts (a) Deduction allowed (1) In general There shall be allowed as a deduction for the taxable year an amount equal to the aggregate amount paid in cash during such taxable year to a PRIA Choice Account by the account beneficiary. (2) Certain rules to apply Rules similar to section 219(d)(2) (relating to no deduction for rollovers) shall apply for purposes of this section. (b) Maximum amount of deduction The amount allowable as a deduction under subsection (a) to any individual for any taxable year shall not exceed the amount allowable under section 219(b) of the Internal Revenue Code of 1986 with respect to the individual for the taxable year. (c) PRIA Choice Account (1) In general For purposes of this title, the term PRIA Choice Account means a trust created or organized in the United States for the exclusive benefit of an individual, but only if the written governing instrument creating the trust meets the following requirements: (A) The trustee is a bank (as defined in section 408(n) of the Internal Revenue Code of 1986) or such other person who demonstrates to the satisfaction of the Secretary that the manner in which such other person will administer the trust will be consistent with the requirements of this section. (B) The amounts in the trust may consist only of— (i) deposits under section 4(b) of the Portable Retirement and Investment Account Act of 2021 , (ii) amounts described in subsection (a)(1), (iii) amounts deposited by an employer of the account beneficiary, (iv) interest on amounts in such trust, and (v) proceeds from investment of amounts in such trust. (C) Except in the case of a rollover contribution described in subsection (d)(4), no contribution will be accepted unless it is in cash. (D) No contributions in excess of the amount that is twice the dollar amount in effect under subsection (b)(1)(A) will be accepted during a calendar year. (E) Amounts in the trust will be invested in not more than 15 total funds, and will be invested in at least 5 total broad market, low-fee funds, bonds, or lifecycle funds. The remaining funds may include not more than 5 niche funds and not more than 5 annuity funds, but all investments must be made in diversified funds which represent a prudent investment. (F) No distribution that would bring the account balance below the amount deposited in such trust under section 4(b)(1) of the Portable Retirement and Investment Account Act of 2021 is allowed to an account beneficiary who has not attained the age 59 ½ . (2) PRIA Choice Annuities Rules similar to the rules of section 408(b) shall apply with respect to PRIA Choice Accounts in the case of a taxpayer purchasing an annuity contract or an endowment contract from a life insurance company. (d) Tax treatment of accounts (1) In general A PRIA Choice Account is exempt from taxation under this subtitle unless such account has ceased to be a PRIA Choice Account. Notwithstanding the preceding sentence, any such account is subject to the taxes imposed by section 511 (relating to imposition of tax on unrelated business income of charitable, etc., organizations). (2) Account terminations Rules similar to the rules of paragraphs (2) and (4) of section 408(e) shall apply to PRIA Choice Accounts, and subsection (e)(2) shall not apply to any amount treated as distributed under such rules. (e) Tax treatment of distributions For rules relating to distributions, see section 7701(p). (f) Loans treated as distributions For purposes of this section— (1) In general If during any taxable year a participant or beneficiary receives (directly or indirectly) any amount as a loan from a PRIA Choice Account, such amount shall be treated as having been received by such individual as a distribution from such account. (2) Exception for certain loans (A) General rule Paragraph (1) shall not apply to any loan to the extent that such loan (when added to the outstanding balance of all other loans from such account), does not exceed the lesser of— (i) $50,000, reduced by the excess (if any) of— (I) the highest outstanding balance of loans from the account during the 1-year period ending on the day before the date on which such loan was made, over (II) the outstanding balance of loans from the plan on the date on which such loan was made, or (ii) the greater of— (I) one-half of the amount in the account, or (II) $10,000. (B) Requirement that loan be repayable within 5 years (i) In general Subparagraph (A) shall not apply to any loan unless such loan, by its terms, is required to be repaid within 5 years. (ii) Exception for home loans Clause (i) shall not apply to any loan used to acquire any dwelling unit which within a reasonable time is to be used (determined at the time the loan is made) as the principal residence of the participant. (C) Requirement of level amortization Except as provided in regulations, this paragraph shall not apply to any loan unless substantially level amortization of such loan (with payments not less frequently than quarterly) is required over the term of the loan. (g) Employer deductions (1) In general For deductions related to employer contributions, see section 162. (2) Nondiscrimination Under regulations prescribed by the Secretary, notwithstanding section 162, no deduction shall be allowed for employer contributions to a PRIA Choice Account on behalf of an employee who is a highly compensated employee (as defined in section 414(q)) if the employer contributions made on behalf of all employees discriminate in favor of such employees who are highly compensated employees. (3) Certain controlled groups All employees who are treated as employed by a single employer under subsections (b), (c), and (m) of section 414 shall be treated as employed by a single employer for purposes of this subsection. (h) Inflation adjustment (1) In general In the case of any taxable year beginning in a calendar year after 2021, the dollar amounts under subsection (b) and subsection (c)(4) shall be increased by an amount equal to— (A) such dollar amount, multiplied by (B) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. (2) Rounding rules If any amount after adjustment under paragraph (1) is not a multiple of $500, such amount shall be rounded to the next lower multiple of $500. (i) Portable Retirement and Investment Board The Portable Retirement and Investment Board established under section 2 of the Portable Retirement and Investment Account Act of 2021 shall deposit any contribution to the PRIA Basic Account of an individual who has made the election under section 4(f)(1) of such Act into the PRIA Choice Account of the individual. Such contribution shall be treated as if made directly to such PRIA Choice Account. . (c) Clerical amendments The table of sections for chapter 1 is amended by inserting after the item related to section 223 the following new item: Sec. 223A. PRIA Choice Accounts. . 8. Option to roll over (a) In general Any individual who holds an account described in subsection (c) may elect to roll over the entire amount in such account into a PRIA Choice Account (as defined in section 223A of the Internal Revenue Code of 1986). Such rollover shall be treated as a rollover described in section 223A(e)(4) of the Internal Revenue Code of 1986. (b) Orphaned accounts The trustee of any account described in subsection (c) the beneficiary of which cannot be located or has ceased to exercise control over the assets of the account may transfer such account to a PRIA Basic or PRIA Choice Account in the name of the beneficiary in accordance with regulations issued by the Secretary of the Treasury. Such a transfer shall be treated as a rollover described in section 223A(e)(4) of the Internal Revenue Code of 1986. (c) Accounts described This subsection shall apply to accounts opened or annuity contracts purchased pursuant to the following sections of the Internal Revenue Code of 1986: (1) Section 401(k). (2) Section 403(b). (3) Section 457. (4) Section 409A. (5) Section 408. 9. Regulations Not later than 180 days after the date of the enactment of this Act, the Secretary of the Treasury, in coordination with the Commissioner of Social Security, as determined necessary by the Secretary, shall issue regulations to carry out this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2870is/xml/BILLS-117s2870is.xml
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117-s-2871
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II 117th CONGRESS 1st Session S. 2871 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works A BILL To establish a task force on the implications of amending the Atomic Energy Act of 1954 to remove exemptions from environmental laws for spent nuclear fuel and high-level radioactive waste to allow for consent-based siting of geologic repositories.
1. Short title This Act may be cited as the Nuclear Waste Task Force Act of 2021 . 2. Task force (a) Definitions In this section: (1) Environmental justice community The term environmental justice community means a community with a significant representation of communities of color, low-income communities, or Tribal and indigenous communities that experiences, or is at risk of experiencing, higher or more adverse human health or environmental effects, as compared to other communities. (2) EPA representative The term EPA representative means the member of the Task Force appointed under subsection (c)(2)(B)(i). (3) 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 ). (4) Indian Tribe The term Indian Tribe means an Indian tribe included on the list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe List Act of 1994 ( 25 U.S.C. 5131 ). (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 ). (6) Task Force The term Task Force means the task force established under subsection (b). (b) Establishment The Administrator of the Environmental Protection Agency shall establish a task force, to be known as Task Force on the Implications of Amending the Atomic Energy Act of 1954 to Remove Exemptions from Environmental Laws for Spent Nuclear Fuel And High-Level Radioactive Waste to Allow for Consent-Based Siting of Geologic Repositories — (1) to continue the work of the 2012 Blue Ribbon Commission on America’s Nuclear Future, which found that consent was necessary to successfully arrive at permanent disposal sites for nuclear waste; and (2) to analyze the implications of amending the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) to remove exemptions from environmental laws for spent nuclear fuel from commercial reactors and high-level radioactive waste from defense and commercial origins in order to create a consent-driven pathway to addressing the disposal challenges of commercial and defense nuclear waste. (c) Membership (1) In general The Task Force shall include a balanced representation of— (A) Federal, State, Tribal, and local government agencies; (B) nongovernmental organizations; (C) unions; and (D) the private sector. (2) Members (A) In general The Task Force shall be composed of not more than 30 members who represent entities that— (i) are currently affected by the storage, treatment, or management of commercial or defense nuclear waste; or (ii) have cognizable and well-understood interests in the objectives of the Task Force. (B) Federal members Not more than 5 members of the Task Force shall be representatives of the Federal Government, of whom— (i) 1 shall be appointed by the Administrator of the Environmental Protection Agency to represent the Environmental Protection Agency; (ii) 1 shall be appointed by the Secretary of Energy to represent the Department of Energy; (iii) 1 shall be appointed by the Nuclear Regulatory Commission to represent the Nuclear Regulatory Commission; (iv) 1 shall be appointed by the Director of the White House Office of Science and Technology Policy to represent the White House Office of Science and Technology Policy; and (v) 1 shall be appointed by the Secretary of Transportation to represent the Department of Transportation. (C) Non-Federal members (i) In general Except as provided in clause (ii), the EPA representative shall appoint the non-Federal members of the Task Force. (ii) State government representatives (I) In general The EPA representative shall select not fewer than 7 States, representing a geographical balance from across the United States, the governments of which shall be represented on the Task Force. (II) Appointment The Governor of a State selected under subclause (I), or an appropriate agency of the State, such as a State department of ecology or State environment department, if the Governor determines it to be appropriate, shall appoint the representative of the State government who shall serve on the Task Force. (iii) Other non-Federal members (I) Geographic and historical balance In selecting the non-Federal members of the Task Force, the EPA representative shall ensure— (aa) a geographical balance among the non-Federal members from across the United States; and (bb) a balance of historical concerns with respect to nuclear waste. (II) Interests In selecting the non-Federal members of the Task Force, the EPA representative shall ensure that not fewer than 18 members are selected from among representatives of— (aa) Indian Tribes; (bb) national environmental interest groups; (cc) regional environmental justice groups; (dd) industry; (ee) labor organizations; (ff) professional societies; and (gg) safety- and health-related organizations. (D) Selection of Chair The non-Federal members of the Task Force appointed under subparagraph (C) shall select the Chair of the Task Force from among the non-Federal members. (3) Compensation; expenses (A) Compensation A member of the Task Force shall serve without compensation. (B) Expenses A member of the Task Force shall receive reimbursement from the Administrator of the Environmental Protection Agency at the applicable Federal per diem rate for all out-of-pocket expenses incurred in carrying out the duties of the Task Force. (d) Grants Subject to the approval of the Federal members of the Task Force appointed under subsection (c)(2)(B), the Chair of the Task Force may provide participation grants to task force members from underresourced communities, environmental justice communities, or nonprofit organizations that are located in environmental justice communities and represent and work on behalf of environmental justice communities with respect to issues relating to the storage and disposal of spent nuclear fuel and high-level radioactive waste. (e) Duties (1) Report Not later than 1 year after the date of enactment of this Act, the Task Force shall submit to Congress and the President a report, in unclassified form, that— (A) (i) provides a clear explanation of what constitutes consent-based siting ; and (ii) includes recommendations on how consent-based siting could be practically implemented; (B) describes and evaluates, taking into consideration the consent-based siting recommendations of the 2012 Blue Ribbon Commission for America’s Nuclear Future— (i) the implications of amending the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) to remove exemptions from environmental laws, such as the Solid Waste Disposal Act ( 42 U.S.C. 6901 et seq. ) (commonly known as the Resource Conservation and Recovery Act of 1976 ), for spent nuclear fuel and high-level radioactive waste, while maintaining Federal minimum standards; (ii) the likely allocations of precise regulatory responsibilities under any amendment to the Atomic Energy Act of 1954 ( 42 U.S.C. 2011 et seq. ) described and evaluated under clause (i); and (iii) the timeframe necessary for developing regulations in accordance with clause (ii) and subparagraph (C); and (C) includes recommendations for appropriate legislative and regulatory changes based on the matters described and evaluated under subparagraph (B). (2) Notice and comment (A) In general In preparing the report under paragraph (1), the Task Force shall provide public notice and an opportunity for comment on the matters described in paragraph (1). (B) Requirement To ensure sufficient opportunity for timely public input on the matters described in paragraph (1), the Task Force shall provide not fewer than 3 opportunities for public comment under subparagraph (A), including— (i) 1 opportunity on the East Coast; (ii) 1 opportunity on the West Coast; and (iii) 1 opportunity in the middle region of the United States.
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https://www.govinfo.gov/content/pkg/BILLS-117s2871is/xml/BILLS-117s2871is.xml
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117-s-2872
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II 117th CONGRESS 1st Session S. 2872 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Warner (for himself and Mr. Hagerty ) 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 increase the adjusted gross income limitation for above-the-line deduction of expenses of performing artist employees, and for other purposes.
1. Short title This Act may be cited as the Performing Artist Tax Parity Act of 2021 . 2. Above-the-line deduction of expenses of performing artists (a) In general Section 62(a)(2)(B) of the Internal Revenue Code of 1986 is amended— (1) by striking performing artists.— The deductions and inserting the following: performing artists.— (i) In general The deductions ; and (2) by adding at the end the following new clauses: (ii) Phaseout The amount of expenses taken into account under clause (i) shall be reduced (but not below zero) by 10 percentage points for each $2,000 ($4,000 in the case of a joint return), or fraction thereof, by which the taxpayer’s gross income for the taxable year exceeds $100,000 (200 percent of such amount in the case of a joint return). (iii) Cost-of-living adjustment In the case of any taxable year beginning in a calendar year after 2021, the $100,000 amount under clause (ii) shall be increased by an amount equal to— (I) such dollar amount, multiplied by (II) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. If any amount after adjustment under the preceding sentence is not a multiple of $1,000, such amount shall be rounded to the nearest multiple of $1,000. . (b) Clarification regarding commission paid to performing artist’s manager or agent Section 62(a)(2)(B)(i) of such Code, as amended by subsection (a), is amended by inserting before the period at the end the following: , including any commission paid to the performing artist’s manager or agent . (c) Increase in threshold for determining nominal employers Section 62(b)(2) of such Code is amended— (1) by striking An individual and inserting the following: (A) In general An individual ; (2) by striking $200 and inserting $500 ; and (3) by adding at the end the following new subparagraph: (B) Cost-of-living adjustment In the case of any taxable year beginning in a calendar year after 2021, the $500 amount under subparagraph (A) shall be increased by an amount equal to— (i) such dollar amount, multiplied by (ii) the cost-of-living adjustment determined under section 1(f)(3) for the calendar year in which the taxable year begins, determined by substituting calendar year 2020 for calendar year 2016 in subparagraph (A)(ii) thereof. If any amount after adjustment under the preceding sentence is not a multiple of $50, such amount shall be rounded to the nearest multiple of $50. . (d) Conforming amendments (1) Section 62(a)(2)(B)(i) of such Code, as amended by the preceding provisions of this Act, is amended by striking by him and inserting by the performing artist . (2) Section 62(b)(1) of such Code is amended by inserting and at the end of subparagraph (A), by striking , and at the end of subparagraph (B) and inserting a period, and by striking subparagraph (C). (e) 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-117s2872is/xml/BILLS-117s2872is.xml
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117-s-2873
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II 117th CONGRESS 1st Session S. 2873 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Coons (for himself, Mr. Booker , 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 require the Secretary of Health and Human Services to award grants to establish or expand programs and activities to increase access to high-quality culturally competent trauma support and mental health care, and for other purposes.
1. Short title This Act may be cited as the Preventing and Addressing Trauma with Health Services Act or the PATHS Act . 2. Grants for high-quality culturally competent trauma support and mental health services Part D of title V of the Public Health Service Act ( 42 U.S.C. 290dd et seq. ) is amended by adding at the end the following: 553. Grants for high-quality culturally competent trauma support and mental health services (a) In general The Secretary, acting through the Assistant Secretary and in consultation with the heads of other relevant Federal agencies, shall award grants to eligible entities to establish or expand programs and activities for the purpose of increasing access to high-quality culturally competent trauma support and mental health care for covered individuals in covered communities. (b) Eligible entities To be eligible for a grant under this section, an entity shall be— (1) a nonprofit or community-based program or organization that— (A) provides or has developed plans to provide culturally competent programs and resources that are aligned with evidence-based or evidence-informed practices for trauma-informed mental health care; and (B) has demonstrated expertise in serving covered communities; (2) a Federal, State, or local agency, such as a public health, mental health, law enforcement, or social services agency, that conducts activities (which may be through partnering with a nonprofit or community-based organization) to, in a covered community, screen individuals for mental health needs, assess such needs, and provide mental health services or referrals to such services; or (3) a hospital, health care clinic, or other health care institution that provides to a covered community culturally competent programs, mental health services, and resources that are aligned with evidence-based or evidence-informed practices for trauma-informed mental health care. (c) Applications; preference; period (1) In general An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing such information as the Secretary may reasonably require. (2) Preference In selecting applicants for a grant under this section, the Secretary may give preference to eligible entities that— (A) demonstrate they have established a partnership with another eligible entity or service provider in a covered community; or (B) are community health centers or federally qualified health centers. (3) Period Each grant awarded under this section shall be for a period of 5 years, with equal amounts awarded to the recipient through the grant for each of such 5 years. (d) Use of funds An eligible entity that receives a grant under subsection (a)— (1) shall use the funds to increase access to or provide evidence-based or evidence-informed, trauma-informed mental health services to covered individuals in a covered community; and (2) may use the grant funds to— (A) establish and maintain programming to provide culturally competent mental health services; (B) hire and retain mental health care providers; (C) train mental health care providers on culturally competent trauma-informed care strategies; (D) develop strategies and projects to enhance access to trauma-informed care and resources for covered individuals in a covered community; (E) establish partnerships with other eligible entities to develop and enhance effective strategies to provide trauma-informed mental health services to covered individuals in a covered community; (F) develop strategies and training for law enforcement officers or other first responders to provide referral services to covered individuals in a covered community to trauma-informed mental health services; (G) build public awareness and education about trauma-informed mental health services in a covered community; and (H) build public awareness and education in a covered community about the importance of addressing trauma resulting from gun violence. (e) Evaluation (1) Grant recipient requirements An eligible entity that receives a grant under this section shall— (A) develop metrics and key performance indicators to assess outcomes achieved by programs or activities funded through such grant; and (B) not later than the date that is 2 years after the day on which the entity receives such grant, and 1 year after such date, submit to the Secretary a report that details— (i) the metrics and key performance indicators used to assess outcomes achieved by such programs or activities; (ii) the process used to identify and develop such metrics and key performance indicators; and (iii) an assessment of the outcomes achieved by such programs or activities. (2) Report to Congress Not later than the date that is 3 years after the date of enactment of this section, and each year thereafter through fiscal year 2026, the Secretary shall conduct an evaluation of the programs or activities funded by a grant under this section and submit a report of the results of such evaluation to Congress. (f) Definitions In this section: (1) Covered community The term covered community means a community that has an age-adjusted rate of violence-related (or intentional) injury deaths that is above the national average, as determined by the Director of the Centers for Disease Control and Prevention. (2) Covered individual The term covered individual means an individual who has been injured, has witnessed, has been threatened, has been exposed to, or has been otherwise impacted by gun violence within the 5 years preceding the date of enactment of this section. (g) Authorization of appropriations To carry out this section, there is authorized to be appropriated $100,000,000 for each of fiscal years 2022 through 2026. .
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II 117th CONGRESS 1st Session S. 2874 IN THE SENATE OF THE UNITED STATES September 28, 2021 Ms. Cortez Masto (for herself and Ms. Murkowski ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to exclude from gross income payments under the Indian Health Service Loan Repayment Program and certain amounts received under the Indian Health Professions Scholarships Program.
1. Short title This Act may be cited as the Indian Health Service Health Professions Tax Fairness Act of 2021 . 2. Exclusion from gross income for payments under Indian Health Service Loan Repayment Program (a) In general Paragraph (4) of section 108(f) of the Internal Revenue Code of 1986 is amended by inserting under section 108 of the Indian Health Care Improvement Act, after 338I of such Act, . (b) Clerical amendment The heading for section 108(f)(4) of such Code is amended by striking and certain and inserting , Indian Health Service Loan Repayment Program, and certain . (c) Effective date The amendments made by this section shall apply to payments made after the date of the enactment of this Act. 3. Exclusion of certain amounts received under Indian Health Professions Scholarships Program (a) In general Paragraph (2) of section 117(c) of the Internal Revenue Code of 1986 is amended by striking or at the end of subparagraph (B), by striking the period at the end of subparagraph (C) and inserting , or , and by adding at the end the following new subparagraph: (D) the Indian Health Professions Scholarships Program under section 104 of the Indian Health Care Improvement Act. . (b) Effective date The amendments made by subsection (a) shall apply to amounts received in taxable years beginning after December 31, 2021.
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II 117th CONGRESS 1st Session S. 2875 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Peters (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To amend the Homeland Security Act of 2002 to establish the Cyber Incident Review Office in the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, and for other purposes.
1. Short title This Act may be cited as the Cyber Incident Reporting Act of 2021 . 2. Definitions In this Act: (1) Covered cyber incident; covered entity; cyber incident The terms covered cyber incident , covered entity , and cyber incident have the meanings given those terms in section 2230 of the Homeland Security Act of 2002, as added by section 3(b) of this Act. (2) Cyber attack; ransom payment; ransomware attack The terms cyber attack , ransom payment , and ransomware attack have the meanings given those terms in section 2201 of the Homeland Security Act of 2002 ( 6 U.S.C. 651 ), as amended by section 3(a) of this Act. (3) Director The term Director means the Director of the Cybersecurity and Infrastructure Security Agency. (4) Information system; security vulnerability The terms information system and security vulnerability have the meanings given those terms in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 ). 3. Cyber incident reporting (a) Definitions (1) In general Section 2201 of the Homeland Security Act of 2002 ( 6 U.S.C. 651 ) is amended— (A) by redesignating paragraphs (1), (2), (3), (4), (5), and (6) as paragraphs (2), (4), (5), (7), (10), and (11), respectively; (B) by inserting before paragraph (2), as so redesignated, the following: (1) Cloud service provider The term cloud service provider means an entity offering products or services related to cloud computing, as defined by the National Institutes of Standards and Technology in NIST Special Publication 800–145 and any amendatory or superseding document relating thereto. ; (C) by inserting after paragraph (2), as so redesignated, the following: (3) Cyber attack The term cyber attack means the use of unauthorized or malicious code on an information system, or the use of another digital mechanism such as a denial of service attack, to interrupt or disrupt the operations of an information system or compromise the confidentiality, availability, or integrity of electronic data stored on, processed by, or transiting an information system. ; (D) by inserting after paragraph (5), as so redesignated, the following: (6) Managed service provider The term managed service provider means an entity that delivers services, such as network, application, infrastructure, or security services, via ongoing and regular support and active administration on the premises of a customer, in the data center of the entity (such as hosting), or in a third-party data center. ; (E) by inserting after paragraph (7), as so redesignated, the following: (8) Ransom payment The term ransom payment means the transmission of any money or other property or asset, including virtual currency, or any portion thereof, which has at any time been delivered as ransom in connection with a ransomware attack. (9) Ransomware attack The term ransomware attack — (A) means a cyber attack that includes the threat of use of unauthorized or malicious code on an information system, or the threat of use of another digital mechanism such as a denial of service attack, to interrupt or disrupt the operations of an information system or compromise the confidentiality, availability, or integrity of electronic data stored on, processed by, or transiting an information system to extort a demand for a ransom payment; and (B) does not include any such event where the demand for payment is made by a Federal Government entity, good-faith security research, or in response to an invitation by the owner or operator of the information system for third parties to identify vulnerabilities in the information system. ; and (F) by adding at the end the following: (13) Supply chain compromise The term supply chain compromise means a cyber attack that allows an adversary to utilize implants or other vulnerabilities inserted prior to installation in order to infiltrate data, or manipulate information technology hardware, software, operating systems, peripherals (such as information technology products), or services at any point during the life cycle. (14) Virtual currency The term virtual currency means the digital representation of value that functions as a medium of exchange, a unit of account, or a store of value. (15) Virtual currency address The term virtual currency address means a unique public cryptographic key identifying the location to which a virtual currency payment can be made. . (2) Conforming amendment Section 9002(A)(7) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 652a(a)(7) ) is amended to read as follows: (7) Sector Risk Management Agency The term Sector Risk Management Agency has the meaning given the term in section 2201 of the Homeland Security Act of 2002 ( 6 U.S.C. 651 ). . (b) Cyber incident reporting Title XXII of the Homeland Security Act of 2002 ( 6 U.S.C. 651 et seq. ) is amended by adding at the end the following: C Cyber Incident Reporting 2230. Definitions (a) In general Except as provided in subsection (b), the definitions under section 2201 shall apply to this subtitle. (b) Additional definitions In this subtitle: (1) Council The term Council means the Cyber Incident Reporting Council described in section 1752(c)(1)(H) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 1500(c)(1)(H) ). (2) Covered cyber incident The term covered cyber incident means a substantial cyber incident experienced by a covered entity that satisfies the definition and criteria established by the Director in the interim final rule and final rule issued pursuant to section 2232. (3) Covered entity The term covered entity means an entity that owns or operates critical infrastructure that satisfies the definition established by the Director in the interim final rule and final rule issued pursuant to section 2232. (4) Cyber incident The term cyber incident has the meaning given the term incident in section 2209(a). (5) Cyber threat The term cyber threat — (A) has the meaning given the term cybersecurity threat in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 ); and (B) does not include any activity related to good faith security research, including participation in a bug-bounty program or a vulnerability disclosure program. (6) Cyber threat indicator; cybersecurity purpose; defensive measure; Federal entity; information system; security control; security vulnerability The terms cyber threat indicator , cybersecurity purpose , defensive measure , Federal entity , information system , security control , and security vulnerability have the meanings given those terms in section 102 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1501 ). (7) Small business The term small business — (A) means a business with fewer than 50 employees (determined on a full-time equivalent basis); and (B) does not include— (i) a business that is a covered entity; or (ii) a business that holds a government contract, unless that contractor is a party only to— (I) a service contract to provide housekeeping or custodial services; or (II) a contract to provide products or services unrelated to information technology that is below the micro-purchase threshold, as defined in section 2.101 of title 48, Code of Federal Regulations, or any successor regulation. 2231. Cyber Incident Review Office (a) Cyber Incident Review Office There is established in the Agency a Cyber Incident Review Office (in this section referred to as the Office ) to receive, aggregate, and analyze reports related to covered cyber incidents submitted by covered entities in furtherance of the activities specified in subsection (c) of this section and sections 2202(e), 2203, and 2209(c) and any other authorized activity of the Director to enhance the situational awareness of cyber threats across critical infrastructure sectors. (b) Activities The Office shall, in furtherance of the activities specified in sections 2202(e), 2203, and 2209(c)— (1) receive, aggregate, analyze, and secure, consistent with the requirements under the Cybersecurity Information Sharing Act of 2015 ( 6 U.S.C. 1501 et seq. ) reports from covered entities related to a covered cyber incident to assess the effectiveness of security controls and identify tactics, techniques, and procedures adversaries use to overcome those controls; (2) receive, aggregate, analyze, and secure reports related to ransom payments to identify tactics, techniques, and procedures, including identifying and tracking ransom payments utilizing virtual currencies, adversaries use to perpetuate ransomware attacks and facilitate ransom payments; (3) leverage information gathered about cybersecurity incidents to— (A) enhance the quality and effectiveness of information sharing and coordination efforts with appropriate entities, including agencies, sector coordinating councils, information sharing and analysis organizations, technology providers, cybersecurity and incident response firms, and security researchers; and (B) provide appropriate entities, including agencies, sector coordinating councils, information sharing and analysis organizations, technology providers, cybersecurity and incident response firms, and security researchers, with timely, actionable, and anonymized reports of cyber attack campaigns and trends, including, to the maximum extent practicable, related contextual information, cyber threat indicators, and defensive measures; (4) establish mechanisms to receive feedback from stakeholders on how the Agency can most effectively receive covered cyber incident reports, ransom payment reports, and other voluntarily provided information; (5) facilitate the timely sharing, on a voluntary basis, between relevant critical infrastructure owners and operators of information relating to covered cyber incidents and ransom payments, particularly with respect to ongoing cyber threats or security vulnerabilities and identify and disseminate ways to prevent or mitigate similar incidents in the future; (6) for a covered cyber incident, including a ransomware attack, that also satisfies the definition of a substantial cyber incident, or is part of a group of related cyber incidents that together satisfy such definition, conduct a review of the details surrounding the covered cyber incident or group of those incidents and identify and disseminate ways to prevent or mitigate similar incidents in the future; (7) with respect to covered cyber incident reports under subsection (c) involving an ongoing cyber threat or security vulnerability, immediately review those reports for cyber threat indicators that can be anonymized and disseminated, with defensive measures, to appropriate stakeholders, in coordination with other divisions within the Agency, as appropriate; (8) publish quarterly unclassified, public reports that may be based on the unclassified information contained in the reports required under subsection (c); (9) proactively identify opportunities and perform analyses, consistent with the protections in section 2235, to leverage and utilize data on ransom attacks to support law enforcement operations to identify, track, and seize ransom payments utilizing virtual currencies, to the greatest extent practicable; (10) proactively identify opportunities, consistent with the protections in section 2235, to leverage and utilize data on cyber incidents in a manner that enables and strengthens cybersecurity research carried out by academic institutions and other private sector organizations, to the greatest extent practicable; (11) on a not less frequently than annual basis, analyze public disclosures made pursuant to parts 229 and 249 of title 17, Code of Federal Regulations, or any subsequent document submitted to the Securities and Exchange Commission by entities experiencing cyber incidents and compare such disclosures to reports received by the Office; and (12) in accordance with section 2235, not later than 24 hours after receiving a covered cyber incident report or ransom payment report, share the reported information with appropriate Sector Risk Management Agencies and other appropriate agencies as determined by the Director of Office Management and Budget, in consultation with the Director and the National Cyber Director. (c) Periodic reporting Not later than 60 days after the effective date of the interim final rule required under section 2232(b)(1), and on the first day of each month thereafter, the Director, in consultation with the Attorney General and the Director of National Intelligence, shall submit to the National Cyber Director, the majority leader of the Senate, the minority leader of the Senate, the Speaker of the House of Representatives, the minority leader of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report that characterizes the cyber threat facing Federal agencies and covered entities, including applicable intelligence and law enforcement information, covered cyber incidents, and ransomware attacks, as of the date of the report, which shall— (1) include the total number of reports submitted under sections 2232 and 2233 during the preceding month, including a breakdown of required and voluntary reports; (2) include any identified trends in covered cyber incidents and ransomware attacks over the course of the preceding month and as compared to previous reports, including any trends related to the information collected in the reports submitted under sections 2232 and 2233, including— (A) the infrastructure, tactics, and techniques malicious cyber actors commonly use; and (B) intelligence gaps that have, or currently are, impeding the ability to counter covered cyber incidents and ransomware threats; (3) include a summary of the known uses of the information in reports submitted under sections 2232 and 2233; and (4) be unclassified, but may include a classified annex. (d) Organization The Director may organize the Office within the Agency as the Director deems appropriate, including harmonizing the functions of the Office with other authorized activities. 2232. Required reporting of certain cyber incidents (a) In general (1) Covered cyber incident reports A covered entity shall report a covered cyber incident to the Director not later than 72 hours after the covered entity reasonably believes that a covered cyber incident has occurred. (2) Ransom payment reports An entity, including a covered entity and except for an individual or a small business, that makes a ransom payment as the result of a ransomware attack against the entity shall report the payment to the Director not later than 24 hours after the ransom payment has been made. (3) Supplemental reports A covered entity shall promptly submit to the Director an update or supplement to a previously submitted covered cyber incident report if new or different information becomes available or if the covered entity makes a ransom payment after submitting a covered cyber incident report required under paragraph (1). (4) Preservation of information Any entity subject to requirements of paragraph (1), (2), or (3) shall preserve data relevant to the covered cyber incident or ransom payment in accordance with procedures established in the interim final rule and final rule issued pursuant to subsection (b). (5) Exceptions (A) Reporting of covered cyber incident with ransom payment If a covered cyber incident includes a ransom payment such that the reporting requirements under paragraphs (1) and (2) apply, the covered entity may submit a single report to satisfy the requirements of both paragraphs in accordance with procedures established in the interim final rule and final rule issued pursuant to subsection (b). (B) Substantially similar reported information The requirements under paragraphs (1), (2), and (3) shall not apply to an entity required by law, regulation, or contract to report substantially similar information to another Federal agency within a substantially similar timeframe. (6) Manner, timing, and form of reports Reports made under paragraphs (1), (2), and (3) shall be made in the manner and form, and within the time period in the case of reports made under paragraph (3), prescribed according to the interim final rule and final rule issued pursuant to subsection (b). (7) Effective date Paragraphs (1) through (4) shall take effect on the dates prescribed in the interim final rule and the final rule issued pursuant to subsection (b), except that the requirements of paragraph (1) through (4) shall not be effective for a period for more than 18 months after the effective date of the interim final rule if the Director has not issued a final rule pursuant to subsection (b)(2). (b) Rulemaking (1) Interim final rule Not later than 270 days after the date of enactment of this section, and after a 60-day consultative period, followed by a 90-day comment period with appropriate stakeholders, the Director, in consultation with Sector Risk Management Agencies and the heads of other Federal agencies, shall publish in the Federal Register an interim final rule to implement subsection (a). (2) Final rule Not later than 1 year after publication of the interim final rule under paragraph (1), the Director shall publish a final rule to implement subsection (a). (3) Subsequent rulemakings Any rule to implement subsection (a) issued after publication of the final rule under paragraph (2), including a rule to amend or revise the final rule issued under paragraph (2), shall comply with the requirements under chapter 5 of title 5, United States Code, including the issuance of a notice of proposed rulemaking under section 553 of such title. (c) Elements The interim final rule and final rule issued pursuant to subsection (b) shall be composed of the following elements: (1) A clear description of the types of entities that constitute covered entities, based on— (A) the consequences that disruption to or compromise of such an entity could cause to national security, economic security, or public health and safety; (B) the likelihood that such an entity may be targeted by a malicious cyber actor, including a foreign country; and (C) the extent to which damage, disruption, or unauthorized access to such an entity, including the accessing of sensitive cybersecurity vulnerability information or penetration testing tools or techniques, will likely enable the disruption of the reliable operation of critical infrastructure. (2) A clear description of the types of substantial cyber incidents that constitute covered cyber incidents, which shall— (A) at a minimum, require the occurrence of— (i) the unauthorized access to an information system or network with a substantial loss of confidentiality, integrity, or availability of such information system or network, or a serious impact on the safety and resiliency of operational systems and processes; (ii) a disruption of business or industrial operations due to a cyber incident; or (iii) an occurrence described in clause (i) or (ii) due to loss of service facilitated through, or caused by, a compromise of a cloud service provider, managed service provider, or other third-party data hosting provider or by a supply chain compromise; (B) consider— (i) the sophistication or novelty of the tactics used to perpetrate such an incident, as well as the type, volume, and sensitivity of the data at issue; (ii) the number of individuals directly or indirectly affected or potentially affected by such an incident; and (iii) potential impacts on industrial control systems, such as supervisory control and data acquisition systems, distributed control systems, and programmable logic controllers; and (C) exclude— (i) any event where the cyber incident is perpetuated by a United States Government entity, good-faith security research, or in response to an invitation by the owner or operator of the information system for third parties to find vulnerabilities in the information system, such as through a vulnerability disclosure program or the use of authorized penetration testing services; and (ii) the threat of disruption as extortion, as described in section 2201(8)(B). (3) A requirement that, if a covered cyber incident or a ransom payment occurs following an exempted threat described in paragraph (2)(C)(ii), the entity shall comply with the requirements in this subtitle in reporting the covered cyber incident or ransom payment. (4) A clear description of the specific required contents of a report pursuant to subsection (a)(1), which shall include the following information, to the extent applicable and available, with respect to a covered cyber incident: (A) A description of the covered cyber incident, including— (i) identification and a description of the function of the affected information systems, networks, or devices that were, or are reasonably believed to have been, affected by such incident; (ii) a description of the unauthorized access with substantial loss of confidentiality, integrity, or availability of the affected information system or network or disruption of business or industrial operations; (iii) the estimated date range of such incident; and (iv) the impact to the operations of the covered entity. (B) Where applicable, a description of the vulnerabilities, tactics, techniques, and procedures used to perpetuate the covered cyber incident. (C) Where applicable, any identifying or contact information related to each actor reasonably believed to be responsible for such incident. (D) Where applicable, identification of the category or categories of information that was, or is reasonably believed to have been, accessed or acquired by an unauthorized person. (E) The name and, if applicable, taxpayer identification number or other unique identifier of the entity impacted by the covered cyber incident. (F) Contact information, such as telephone number or electronic mail address, that the Office may use to contact the covered entity or an authorized agent of such covered entity, or, where applicable, the service provider of such covered entity acting with the express permission, and at the direction, of the covered entity to assist with compliance with the requirements of this subtitle. (5) A clear description of the specific required contents of a report pursuant to subsection (a)(2), which shall be the following information, to the extent applicable and available, with respect to a ransom payment: (A) A description of the ransomware attack, including the estimated date range of the attack. (B) Where applicable, a description of the vulnerabilities, tactics, techniques, and procedures used to perpetuate the ransomware attack. (C) Where applicable, any identifying or contact information related to the actor or actors reasonably believed to be responsible for the ransomware attack. (D) The name and, if applicable, taxpayer identification number or other unique identifier of the entity that made the ransom payment. (E) Contact information, such as telephone number or electronic mail address, that the Office may use to contact the entity that made the ransom payment or an authorized agent of such covered entity, or, where applicable, the service provider of such covered entity acting with the express permission, and at the direction of, that entity to assist with compliance with the requirements of this subtitle. (F) The date of the ransom payment. (G) The ransom payment demand, including the type of virtual currency or other commodity requested, if applicable. (H) The ransom payment instructions, including information regarding where to send the payment, such as the virtual currency address or physical address the funds were requested to be sent to, if applicable. (I) The amount of the ransom payment. (J) A summary of the due diligence review required under subsection (e). (6) A clear description of the types of data required to be preserved pursuant to subsection (a)(4) and the period of time for which the data is required to be preserved. (7) Deadlines for submitting reports to the Director required under subsection (a)(3), which shall— (A) be established by the Director in consultation with the Council; (B) consider any existing regulatory reporting requirements similar in scope, purpose, and timing to the reporting requirements to which such a covered entity may also be subject, and make efforts to harmonize the timing and contents of any such reports to the maximum extent practicable; and (C) balance the need for situational awareness with the ability of the covered entity to conduct incident response and investigations. (8) Procedures for— (A) entities to submit reports required by paragraphs (1), (2), and (3) of subsection (a), which shall include, at a minimum, a concise, user-friendly web-based form; (B) the Office to carry out the enforcement provisions of section 2233, including with respect to the issuance of subpoenas and other aspects of noncompliance; (C) implementing the exceptions provided in subparagraphs (A), (B), and (D) of subsection (a)(5); and (D) anonymizing and safeguarding information received and disclosed through covered cyber incident reports and ransom payment reports that is known to be personal information of a specific individual or information that identifies a specific individual that is not directly related to a cybersecurity threat. (d) Third-Party report submission and ransom payment (1) Report submission An entity, including a covered entity, that is required to submit a covered cyber incident report or a ransom payment report may use a third party, such as an incident response company, insurance provider, service provider, information sharing and analysis organization, or law firm, to submit the required report under subsection (a). (2) Ransom payment If an entity impacted by a ransomware attack uses a third party to make a ransom payment, the third party shall not be required to submit a ransom payment report for itself under subsection (a)(2). (3) Duty to report Third-party reporting under this subparagraph does not relieve a covered entity or an entity that makes a ransom payment from the duty to comply with the requirements for covered cyber incident report or ransom payment report submission. (4) Responsibility to advise Any third party used by an entity that knowingly makes a ransom payment on behalf of an entity impacted by a ransomware attack shall advise the impacted entity of the responsibilities of the impacted entity regarding a due diligence review under subsection (e) and reporting ransom payments under this section. (e) Due diligence review Before the date on which a covered entity, or an entity that would be required to submit a ransom payment report under this section if that entity makes a ransom payment, makes a ransom payment relating to a ransomware attack, the covered entity or entity shall conduct a due diligence review of alternatives to making the ransom payment, including an analysis of whether the covered entity or entity can recover from the ransomware attack through other means. (f) Outreach to covered entities (1) In general The Director shall conduct an outreach and education campaign to inform likely covered entities, entities that offer or advertise as a service to customers to make or facilitate ransom payments on behalf of entities impacted by ransomware attacks, potential ransomware attack victims, and other appropriate entities of the requirements of paragraphs (1), (2), and (3) of subsection (a). (2) Elements The outreach and education campaign under paragraph (1) shall include the following: (A) An overview of the interim final rule and final rule issued pursuant to subsection (b). (B) An overview of mechanisms to submit to the Office covered cyber incident reports and information relating to the disclosure, retention, and use of incident reports under this section. (C) An overview of the protections afforded to covered entities for complying with the requirements under paragraphs (1), (2), and (3) of subsection (a). (D) An overview of the steps taken under section 2234 when a covered entity is not in compliance with the reporting requirements under subsection (a). (E) Specific outreach to cybersecurity vendors, incident response providers, cybersecurity insurance entities, and other entities that may support covered entities or ransomware attack victims. (F) An overview of the privacy and civil liberties requirements in this subtitle. (3) Coordination In conducting the outreach and education campaign required under paragraph (1), the Director may coordinate with— (A) the Critical Infrastructure Partnership Advisory Council established under section 871; (B) information sharing and analysis organizations; (C) trade associations; (D) information sharing and analysis centers; (E) sector coordinating councils; and (F) any other entity as determined appropriate by the Director. (g) Evaluation of standards (1) In general Before issuing the final rule pursuant to subsection (b)(2), the Director shall review the data collected by the Office, and in consultation with other appropriate entities, assess the effectiveness of the rule with respect to— (A) the number of reports received; (B) the utility of the reports received; (C) the number of supplemental reports required to be submitted; and (D) any other factor determined appropriate by the Director. (2) Submission to Congress The Director 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 the results of the evaluation described in paragraph (1) and may thereafter, in accordance with the requirements under subsection (b), publish in the Federal Register a final rule implementing this section. (h) Organization of reports Notwithstanding chapter 35 of title 44, United States Code (commonly known as the Paperwork Reduction Act ), the Director may reorganize and reformat the means by which covered cyber incident reports, ransom payment reports, and any other voluntarily offered information is submitted to the Office. 2233. Voluntary reporting of other cyber incidents (a) In general Entities may voluntarily report incidents or ransom payments to the Director that are not required under paragraph (1), (2), or (3) of section 2232(a), but may enhance the situational awareness of cyber threats. (b) Voluntary provision of additional information in required reports Entities may voluntarily include in reports required under paragraph (1), (2), or (3) of section 2232(a) information that is not required to be included, but may enhance the situational awareness of cyber threats. (c) Application of protections The protections under section 2235 applicable to covered cyber incident reports shall apply in the same manner and to the same extent to reports and information submitted under subsections (a) and (b). 2234. Noncompliance with required reporting (a) Purpose In the event that an entity that is required to submit a report under section 2232(a) fails to comply with the requirement to report, the Director may obtain information about the incident or ransom payment by engaging the entity directly to request information about the incident or ransom payment, and if the Director is unable to obtain information through such engagement, by issuing a subpoena to the entity, pursuant to subsection (c), to gather information sufficient to determine whether a covered cyber incident or ransom payment has occurred, and, if so, whether additional action is warranted pursuant to subsection (d). (b) Initial request for information (1) In general If the Director has reason to believe, whether through public reporting or other information in the possession of the Federal Government, including through analysis performed pursuant to paragraph (1) or (2) of section 2231(b), that an entity has experienced a covered cyber incident or made a ransom payment but failed to report such incident or payment to the Office within 72 hours in accordance to section 2232(a), the Director shall request additional information from the entity to confirm whether or not a covered cyber incident or ransom payment has occurred. (2) Treatment Information provided to the Office in response to a request under paragraph (1) shall be treated as if it was submitted through the reporting procedures established in section 2232. (c) Authority To issue subpoenas and debar (1) In general If, after the date that is 72 hours from the date on which the Director made the request for information in subsection (b), the Director has received no response from the entity from which such information was requested, or received an inadequate response, the Director may issue to such entity a subpoena to compel disclosure of information the Director deems necessary to determine whether a covered cyber incident or ransom payment has occurred. (2) Civil action (A) In general If an entity fails to comply with a subpoena, the Director may refer the matter to the Attorney General to bring a civil action in a district court of the United States to enforce such subpoena. (B) Venue An action under this paragraph may be brought in the judicial district in which the entity against which the action is brought resides, is found, or does business. (C) Contempt of court A court may punish a failure to comply with a subpoena issued under this subsection as a contempt of court. (3) Non-delegation The authority of the Director to issue a subpoena under this subsection may not be delegated. (4) Debarment of Federal contractors If a covered entity with a Federal Government contract, grant, or cooperative agreement fails to comply with a subpoena issued under this subsection— (A) the Director may refer the matter to the Administrator of General Services; and (B) upon receiving a referral from the Director, the Administrator of General Services may impose additional available penalties, including suspension or debarment. (d) Provision of certain information to Attorney General (1) In general Notwithstanding section 2235(a) and subsection (b)(2) of this section, if the Director determines, based on the information provided in response to the subpoena issued pursuant to subsection (c), that the facts relating to the covered cyber incident or ransom payment at issue may constitute grounds for a regulatory enforcement action or criminal prosecution, the Director may provide that information to the Attorney General or the appropriate regulator, who may use that information for a regulatory enforcement action or criminal prosecution. (2) Application to certain entities and third parties A covered cyber incident or ransom payment report submitted to the Office by an entity that makes a ransom payment or third party under section 2232 shall not be used by any Federal, State, Tribal, or local government to investigate or take another law enforcement action against the entity that makes a ransom payment or third party. (3) Rule of construction Nothing in this subtitle shall be construed to provide an entity that submits a covered cyber incident report or ransom payment report under section 2232 any immunity from law enforcement action for making a ransom payment otherwise prohibited by law. (e) Considerations When determining whether to exercise the authorities provided under this section, the Director shall take into consideration— (1) the size and complexity of the entity; (2) the complexity in determining if a covered cyber incident has occurred; (3) prior interaction with the Agency or awareness of the entity of the policies and procedures of the Agency for reporting covered cyber incidents and ransom payments; and (4) for non-covered entities required to submit a ransom payment report, the ability of the entity to perform a due diligence review pursuant to section 2232(e). (f) Exclusions This section shall not apply to a State, local, Tribal, or territorial government entity. (g) Report to Congress The Director shall submit to Congress an annual report on the number of times the Director— (1) issued an initial request for information pursuant to subsection (b); (2) issued a subpoena pursuant to subsection (c); (3) brought a civil action pursuant to subsection (c)(2); or (4) conducted additional actions pursuant to subsection (d). 2235. Information shared with or provided to the Federal Government (a) Disclosure, retention, and use (1) Authorized activities Information provided to the Office or Agency pursuant to section 2232 may be disclosed to, retained by, and used by, consistent with otherwise applicable provisions of Federal law, any Federal agency or department, component, officer, employee, or agent of the Federal Government solely for— (A) a cybersecurity purpose; (B) the purpose of identifying— (i) a cyber threat, including the source of the cyber threat; or (ii) a security vulnerability; (C) the purpose of responding to, or otherwise preventing or mitigating, a specific threat of death, a specific threat of serious bodily harm, or a specific threat of serious economic harm, including a terrorist act or a use of a weapon of mass destruction; (D) the purpose of responding to, investigating, prosecuting, or otherwise preventing or mitigating, a serious threat to a minor, including sexual exploitation and threats to physical safety; or (E) the purpose of preventing, investigating, disrupting, or prosecuting an offense arising out of a covered cyber incident or any of the offenses listed in section 105(d)(5)(A)(v) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1504(d)(5)(A)(v) ). (2) Agency actions after receipt (A) Rapid, confidential sharing of cyber threat indicators Upon receiving a covered cyber incident or ransom payment report submitted pursuant to this section, the Office shall immediately review the report to determine whether the incident that is the subject of the report is connected to an ongoing cyber threat or security vulnerability and where applicable, use such report to identify, develop, and rapidly disseminate to appropriate stakeholders actionable, anonymized cyber threat indicators and defensive measures. (B) Standards for sharing security vulnerabilities With respect to information in a covered cyber incident or ransom payment report regarding a security vulnerability referred to in paragraph (1)(B)(ii), the Director shall develop principles that govern the timing and manner in which information relating to security vulnerabilities may be shared, consistent with common industry best practices and United States and international standards. (3) Privacy and civil liberties Information contained in covered cyber incident and ransom payment reports submitted to the Office pursuant to section 2232 shall be retained, used, and disseminated, where permissible and appropriate, by the Federal Government in accordance with processes to be developed for the protection of personal information adopted pursuant to section 105 of the Cybersecurity Act of 2015 ( 6 U.S.C. 1504 ) and in a manner that protects from unauthorized use or disclosure any information that may contain— (A) personal information of a specific individual; or (B) information that identifies a specific individual that is not directly related to a cybersecurity threat. (4) Digital security The Office shall ensure that reports submitted to the Office pursuant to section 2232, and any information contained in those reports, are collected, stored, and protected at a minimum in accordance with the requirements for moderate impact Federal information systems, as described in Federal Information Processing Standards Publication 199, or any successor document. (5) Prohibition on use of information in regulatory actions A Federal, State, local, or Tribal government shall not use information about a covered cyber incident or ransom payment obtained solely through reporting directly to the Office in accordance with this subtitle to regulate, including through an enforcement action, the lawful activities of any non-Federal entity. (b) No waiver of privilege or protection The submission of a report under section 2232 to the Office shall not constitute a waiver of any applicable privilege or protection provided by law, including trade secret protection and attorney-client privilege. (c) Exemption from disclosure Information contained in a report submitted to the Office under section 2232 shall be exempt from disclosure under section 552(b)(3)(B) of title 5, United States Code (commonly known as the Freedom of Information Act ) and any State, Tribal, or local provision of law requiring disclosure of information or records. (d) Ex parte communications The submission of a report to the Agency under section 2232 shall not be subject to a rule of any Federal agency or department or any judicial doctrine regarding ex parte communications with a decision-making official. (e) Liability protections (1) In general No cause of action shall lie or be maintained in any court by any person or entity and any such action shall be promptly dismissed for the submission of a report pursuant to section 2232(a) that is submitted in conformance with this subtitle and the rules promulgated under section 2232(b), except that this subsection shall not apply with regard to an action by the Federal Government pursuant to section 2234(c)(2). (2) Scope The liability protections provided in subsection (e) shall only apply to or affect litigation that is solely based on the submission of a covered cyber incident report or ransom payment report to the Office, and nothing in this subtitle shall create a defense to a discovery request, or otherwise limit or affect the discovery of information from a cause of action authorized under any Federal, State, local, or Tribal law. (f) Sharing with Federal and non-Federal entities The Agency shall anonymize the victim who reported the information when making information provided in reports received under section 2232 available to critical infrastructure owners and operators and the general public. (g) Proprietary information Information contained in a report submitted to the Agency under section 2232 shall be considered the commercial, financial, and proprietary information of the covered entity when so designated by the covered entity. . (c) Technical and conforming amendment The table of contents in section 1(b) of the Homeland Security Act of 2002 ( Public Law 107–296 ; 116 Stat. 2135) is amended by inserting after the items relating to subtitle B of title XXII the following: Subtitle C—Cyber Incident Reporting Sec. 2230. Definitions. Sec. 2231. Cyber Incident Review Office. Sec. 2232. Required reporting of certain cyber incidents. Sec. 2233. Voluntary reporting of other cyber incidents. Sec. 2234. Noncompliance with required reporting. Sec. 2235. Information shared with or provided to the Federal Government. . 4. Federal sharing of incident reports (a) Cyber incident reporting sharing Notwithstanding any other provision of law or regulation, any Federal agency that receives a report from an entity of a cyber attack, including a ransomware attack, shall provide all such information to the Director of the Cybersecurity Infrastructure Security Agency not later than 24 hours after receiving the report, unless a shorter period is required by an agreement made between the Cyber Incident Review Office established under section 2231 of the Homeland Security Act of 2002, as added by section 3(b) of this Act, and another Federal entity. (b) Creation of Council Section 1752(c)(1) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 1500(c)(1) ) is amended— (1) in subparagraph (G), by striking and at the end; (2) by redesignating subparagraph (H) as subparagraph (I); and (3) by inserting after subparagraph (G) the following: (H) lead an intergovernmental Cyber Incident Reporting Council, in coordination with the Director of the Office of Management and Budget and the Director of the Cybersecurity and Infrastructure Security Agency and in consultation with Sector Risk Management Agencies (as defined in section 2201 of the Homeland Security Act of 2002 ( 6 U.S.C. 651 )) and other appropriate Federal agencies, to coordinate, deconflict, and harmonize Federal incident reporting requirements, including those issued through regulations, for covered entities (as defined in section 2230 of such Act) and entities that make a ransom payment (as defined in such section 2201 ( 6 U.S.C. 651 )); and . (c) Harmonizing reporting requirements The National Cyber Director shall, in consultation with the Director, the Cyber Incident Reporting Council described in section 1752(c)(1)(H) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 1500(c)(1)(H) ), and the Director of the Office of Management and Budget, to the maximum extent practicable— (1) review existing regulatory requirements, including the information required in such reports, to report cyber incidents and ensure that any such reporting requirements and procedures avoid conflicting, duplicative, or burdensome requirements; and (2) coordinate with the Director and regulatory authorities that receive reports relating to cyber incidents to identify opportunities to streamline reporting processes, and where feasible, facilitate interagency agreements between such authorities to permit the sharing of such reports, consistent with applicable law and policy, without impacting the ability of such agencies to gain timely situational awareness of a covered cyber incident or ransom payment. 5. Ransomware vulnerability warning pilot program (a) Program Not less than 90 days after the date of enactment of this Act, the Director shall establish a ransomware vulnerability warning program to leverage existing authorities and technology to specifically develop processes and procedures, and to dedicate resources, to identifying information systems that contain security vulnerabilities associated with common ransomware attacks, and to notify the owners of those vulnerable systems of their security vulnerability. (b) Identification of vulnerable systems The pilot program established under subsection (a) shall— (1) identify the most common security vulnerabilities utilized in ransomware attacks and mitigation techniques; and (2) utilize existing authorities to identify Federal and other relevant information systems that contain the security vulnerabilities identified in paragraph (1). (c) Entity notification (1) Identification If the Director is able to identify the entity at risk that owns or operates a vulnerable information system identified in subsection (b), the Director may notify the owner of the information system. (2) No identification If the Director is not able to identify the entity at risk that owns or operates a vulnerable information system identified in subsection (b), the Director may utilize the subpoena authority pursuant to section 2209 of the Homeland Security Act of 2002 ( 6 U.S.C. 659 ) to identify and notify the entity at risk pursuant to the procedures within that section. (3) Required information A notification made under paragraph (1) shall include information on the identified security vulnerability and mitigation techniques. (d) Prioritization of notifications To the extent practical, the Director shall prioritize covered entities for identification and notification activities under the pilot program established under this section. (e) Limitation on procedures No procedure, notification, or other authorities utilized in the execution of the pilot program established under subsection (a) shall require an owner or operator of a vulnerable information system to take any action as a result of a notice of a security vulnerability made pursuant to subsection (c). (f) Rule of construction Nothing in this section shall be construed to provide additional authorities to the Director to identify vulnerabilities or vulnerable systems. 6. Ransomware threat mitigation activities (a) Joint ransomware task force (1) In general Not later than 180 days after the date of enactment of this section, the National Cyber Director shall establish and chair the Joint Ransomware Task Force to coordinate an ongoing, nationwide campaign against ransomware attacks, and identify and pursue opportunities for international cooperation. (2) Composition The Joint Ransomware Task Force shall consist of participants from Federal agencies, as determined appropriate by the National Cyber Director in consultation with the Secretary of Homeland Security. (3) Responsibilities The Joint Ransomware Task Force, utilizing only existing authorities of each participating agency, shall coordinate across the Federal Government the following activities: (A) Prioritization of intelligence-driven operations to disrupt specific ransomware actors. (B) Consult with relevant private sector, State, local, Tribal, and territorial governments and international stakeholders to identify needs and establish mechanisms for providing input into the Task Force. (C) Identifying, in consultation with relevant entities, a list of highest threat ransomware entities updated on an ongoing basis, in order to facilitate— (i) prioritization for Federal action by appropriate Federal agencies; and (ii) identify metrics for success of said actions. (D) Disrupting ransomware criminal actors, associated infrastructure, and their finances. (E) Facilitating coordination and collaboration between Federal entities and relevant entities, including the private sector, to improve Federal actions against ransomware threats. (F) Collection, sharing, and analysis of ransomware trends to inform Federal actions. (G) Creation of after-action reports and other lessons learned from Federal actions that identify successes and failures to improve subsequent actions. (H) Any other activities determined appropriate by the task force to mitigate the threat of ransomware attacks against Federal and non-Federal entities. (b) Clarifying private-Sector lawful defensive measures Not later than 180 days after the date of enactment of this Act, the National Cyber Director, in coordination with the Secretary of Homeland Security and the Attorney General, shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on the Judiciary of the Senate and the Committee on Homeland Security, the Committee on the Judiciary, and the Committee on Oversight and Reform of the House of Representatives a report that describes defensive measures that private-sector actors can take when countering ransomware attacks and what laws need to be clarified to enable that action. (c) Rule of construction Nothing in this section shall be construed as providing any additional authority to any Federal agency. 7. Congressional reporting (a) Report on stakeholder engagement Not later than 30 days after the date on which the Director issues the interim final rule under section 2232(b)(1) of the Homeland Security Act of 2002, as added by section 3(b) of this Act, the Director 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 that describes how the Director engaged stakeholders in the development of the interim final rule. (b) Report on opportunities To strengthen security research Not later than 1 year after the date of enactment of this Act, the Director 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 describing how the Cyber Incident Review Office has carried out activities under section 2231(b)(9) of the Homeland Security Act of 2002, as added by section 3(b) of this Act, by proactively identifying opportunities to use cyber incident data to inform and enabling cybersecurity research within the academic and private sector. (c) Report on ransomware vulnerability warning pilot program Not later than 1 year after the date of enactment of this Act, and annually thereafter for the duration of the pilot program established under section 5, the Director 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, which may include a classified annex, on the effectiveness of the pilot program, which shall include a discussion of the following: (1) The effectiveness of the notifications under section 5(c) to mitigate security vulnerabilities and the threat of ransomware. (2) The identification of most common vulnerabilities utilized in ransomware. (3) The number of notifications issued during the preceding year. (4) To the extent practicable, the number of vulnerable devices or systems mitigated under this pilot by the Agency during the preceding year. (d) Report on harmonization of reporting regulations Not later than 180 days after the date on which the National Cyber Director convenes the Council described in section 1752(c)(1)(H) of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( 6 U.S.C. 1500(c)(1)(H) ), the National Cyber Director shall submit to the appropriate congressional committees a report that includes— (1) a list of duplicative Federal cyber incident reporting requirements on covered entities and entities that make a ransom payment; (2) any actions the National Cyber Director intends to take to harmonize the duplicative reporting requirements; and (3) any proposed legislative changes necessary to address the duplicative reporting. (e) GAO report Not later than 2 years after the date of enactment of this Act, 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 a report on the implementation of this Act and the amendments made by this Act.
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https://www.govinfo.gov/content/pkg/BILLS-117s2875is/xml/BILLS-117s2875is.xml
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117-s-2876
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II 117th CONGRESS 1st Session S. 2876 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mrs. Shaheen (for herself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To prioritize the efforts of, and to enhance coordination among, United States agencies to encourage countries in Central and Eastern Europe to improve the security of their telecommunications networks, and for other purposes.
1. Short title This Act may be cited as the Transatlantic Telecommunications Security Act . 2. Sense of Congress; statement of policy (a) Sense of Congress It is the sense of Congress that— (1) fifth generation (5G) telecommunications networks in allied and partner countries based on common, secure, transparent, democratic standards have the potential to increase cultural, political, and economic exchanges leading to mutual job creation, closer citizen relations, and stronger democratic institutions; (2) the United States has national security and economic interests in assisting Central and Eastern European countries to improve the security of their telecommunications networks by— (A) reducing their dependence on covered telecommunications equipment or services that are often offered with predatory economic inducements; and (B) replacing such equipment or services with secure telecommunications equipment or services; (3) the People’s Republic of China’s Belt and Road Initiative and the 17+1 Initiative seek to undermine Central and Eastern Europe’s infrastructure resilience and sovereignty through predatory inducements from state-linked providers of telecommunications equipment or services, such as Huawei Technologies Company and ZTE Corporation; (4) the United States must assemble a coalition of democratic and like-minded allies and partners— (A) to counter the rise of global malign actors, such as the People’s Republic of China and the Russian Federation; and (B) to build resilience in Central and Eastern Europe against malign influences; and (5) in order to ensure robust military coordination and interoperability with the North Atlantic Treaty Organization (referred to in this Act as NATO ) and transatlantic allies and partners, the United States should ensure that allies’ and partners’ telecommunications networks are secure and free from potential threats in accordance with NATO’s December 2019 London Declaration. (b) Statement of policy It is the policy of the United States— (1) to strengthen the transatlantic alliance based on shared values in the face of rising malign influence from the Russian Federation and the People’s Republic of China, which seek to undermine democratic institutions and values; (2) to encourage public and private sector investment in European telecommunications infrastructure projects— (A) to ensure secure telecommunications; and (B) to catalyze economic advancement through the highest standards of transparency, accessibility, and competition; (3) to provide economically feasible alternatives to financing from providers of covered telecommunications equipment or services; (4) to engage in diplomacy with European allies and partners to strengthen United States and European private sector efforts— (A) to develop common telecommunications technology and industry standards; and (B) to promote them globally; (5) to support the Three Seas Initiative organized by 12 Central and Eastern European countries of the European Union to increase infrastructure resiliency and reduce reliance on malign actors, including in the telecommunications space; and (6) to support the people of Ukraine, Moldova, and the Western Balkan countries in their desire for integration into euro-Atlantic institutions and economies through enhanced cross-border telecommunications infrastructure connectivity. 3. Definitions In this Act: (1) Central or Eastern European country The term Central or Eastern European country includes— (A) Albania; (B) Austria (C) Bosnia and Herzegovina; (D) Bulgaria; (E) Croatia; (F) Cyprus; (G) Czechia; (H) Estonia; (I) Greece; (J) Hungary; (K) Kosovo; (L) Latvia; (M) Lithuania; (N) Moldova; (O) Montenegro; (P) North Macedonia; (Q) Poland; (R) Romania; (S) Serbia; (T) Slovakia; (U) Slovenia; and (V) Ukraine. (2) Covered foreign country The term covered foreign country means the People’s Republic of China. (3) Covered telecommunications equipment or services The term covered telecommunications equipment or services means— (A) telecommunications equipment or services produced or provided by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities); and (B) telecommunications equipment or services produced or provided by an entity that the Secretary of State, in consultation with the Director of National Intelligence, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. (4) Early-stage project support The term early-stage project support includes— (A) feasibility studies; (B) resource evaluations; (C) project appraisal and costing; (D) pilot projects; (E) commercial support, such as trade missions, reverse trade missions, technical workshops, international buyer programs, and international partner searchers to link suppliers to projects; (F) technical assistance and other guidance to improve the local regulatory environment and market frameworks to encourage transparent competition and enhance telecommunications security; and (G) long-term telecommunications sector planning. (5) Late-stage project support The term late-stage project support includes debt financing, equity financing, insurance, and transaction advisory services. (6) Malign influence The term malign influence has the meaning given the term foreign malign influence in section 119C(e)(2) of the National Security Act of 1947 ( 50 U.S.C. 3059(e)(2) ). (7) Secure telecommunications equipment or services The term secure telecommunications equipment or services means telecommunications equipment or services that are not, and do not contain, covered telecommunications equipment or services. 4. Prioritization of efforts and assistance for telecommunications infrastructure projects in Central and Eastern Europe (a) In general In pursuing the policy described in section 2(b), the Secretary of State, in consultation with the Secretary of Commerce, the Chief Executive Officer of the United States International Development Finance Corporation, the Director of the United States Trade and Development Agency, the Federal Communications Commission, and heads of other relevant United States agencies, shall, as appropriate, prioritize and expedite the efforts of the Department of State and the aforementioned agencies in supporting the efforts of the European Commission and the governments of Central and Eastern European countries to improve the security of their telecommunications networks, including through providing diplomatic and political support to the European Commission and Central and Eastern Europe countries, as necessary— (1) to support the enhancement of European telecommunications markets, including through early-stage project support and late-stage project support for the construction or improvement of telecommunications and related infrastructure; (2) to remove covered telecommunications equipment or services and replace such equipment or services with secure telecommunications equipment or services; (3) to support the development of telecommunications networks that are inclusive, transparent, economically viable, financially, environmentally, and socially sustainable, compliant with international standards, laws, and regulations, and supplied by providers of secure telecommunications equipment or services; and (4) to facilitate international coordination on cross-border telecommunications infrastructure construction and security standards to ensure cross-border telecommunications are secure. (b) Project selection (1) In general The Secretary of State, the Chief Executive Officer of the United States International Development Finance Corporation, and the Director of the United States Trade and Development Agency should identify telecommunications infrastructure projects that would— (A) advance United States national security; and (B) be appropriate for United States assistance under this section. (2) Project eligibility A project is eligible for United States assistance under this section if the project— (A) (i) improves, modernizes, or expands telecommunications networks with secure telecommunications equipment or services through— (I) an investment in hard infrastructure, such as telecommunications lines or equipment; or (II) an investment in soft infrastructure, such as innovative software development or cloud services; (ii) removes covered telecommunications equipment or services and replaces such equipment or services with secure telecommunications equipment or services; or (iii) enhances telecommunications market integration across the Central or Eastern European region that is secure from exploitation by malign actors; and (B) is located in a Central European or Eastern European country. (3) Preference In selecting among eligible projects, the agencies described in subsection (a) should give preference to projects that— (A) can attract funding from the private sector, an international financial institution, the government of the country in which the project will be carried out, or the European Commission; (B) have been designated as available for funding through the Three Seas Initiative Investment Fund; (C) are to be carried out in 1 or more of the Three Seas Initiative member nations; (D) are to be carried out in NATO member nations that— (i) meet or are making progress toward meeting their commitments to upholding the rule of law and preserving democratic institutions in accordance with the preamble and Article 2 of the North Atlantic Treaty, done at Washington April 4, 1949; or (ii) meet or are making demonstrable progress toward meeting their defense spending commitments in accordance with the NATO Wales Summit Declaration issued on September 5, 2014; or (E) have the potential to advance United States economic interests. (c) Types of assistance (1) Diplomatic and political support The Secretary of State shall provide diplomatic and political support to the European Commission and to Central and Eastern European countries, as necessary, including by using the diplomatic and political influence and expertise of the Department of State to build the capacity of Central and Eastern European countries to resolve any impediments to the development of projects selected pursuant to subsection (b). (2) International financial institutions support The Secretary of State shall encourage international financial institutions, including the European Bank for Reconstruction and Development, the European Investment Bank, and the International Monetary Fund, the Foreign, Commonwealth, and Development Office of the Government of the United Kingdom, the Agency for International Cooperation of the Government of Germany, and the Development Agency of the Government of France to invest in telecommunications infrastructure resilience in Central and Eastern Europe. (3) Early-stage project support The Director of the United States Trade and Development Agency shall provide early-stage project support with respect to projects selected pursuant to subsection (b), as necessary, including project support in middle- and upper-income countries. (4) Late-stage project support Agencies described in subsection (a) that provide late-stage project support shall provide such support with respect to projects selected pursuant to subsection (b), as necessary. (5) United states international development finance corporation support Notwithstanding the restriction under section 1412(c)(2) of the BUILD Act of 2018 ( 22 U.S.C. 9612(c)(2) ), the United States International Development Finance Corporation is authorized to provide support for projects under this section in Central and Eastern European countries that are countries with upper-middle-income economies or high-income economies (as such terms are defined by the International Bank for Reconstruction and Development and the International Development Association (collectively referred to as the World Bank )). 5. Progress reports (a) Appropriate congressional committees defined 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 . (b) In general Not later than 1 year after the date of the enactment of this Act, and annually thereafter, the President shall submit a report to the appropriate congressional committees that describes the progress made in providing assistance for projects selected pursuant to section 4(b), including— (1) a description of the telecommunications infrastructure projects the United States has assisted; and (2) for each such project— (A) a description of the role of the United States in the project, including in early-stage project support and late-stage project support; (B) the amount and form of debt financing, equity financing, and insurance provided for the project by— (i) the United States Government; (ii) the Three Seas Initiative Investment Fund; (iii) international financial institutions, including the European Bank for Reconstruction and Development, the European Investment Bank, and the International Monetary Fund; (iv) the Foreign, Commonwealth, and Development Office of the Government of the United Kingdom; (v) the Agency for International Cooperation of the Government of Germany; or (vi) the Development Agency of the Government of France; (C) the public summary disclosure of the project that preclude the use of covered telecommunications equipment or services; and (D) an update on the progress made on the project as of the date of the report.
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https://www.govinfo.gov/content/pkg/BILLS-117s2876is/xml/BILLS-117s2876is.xml
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117-s-2877
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II 117th CONGRESS 1st Session S. 2877 IN THE SENATE OF THE UNITED STATES September 28, 2021 Ms. Baldwin (for herself and Mr. Johnson ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow for payments to certain individuals who dye fuel, and for other purposes.
1. Payment to certain individuals who dye fuel (a) 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. Dyed fuel (a) In general If a person establishes to the satisfaction of the Secretary that such person meets the requirements of subsection (b) with respect to diesel fuel or kerosene, then the Secretary shall pay to such person an amount (without interest) equal to the tax described in subsection (b)(2)(A) with respect to such diesel fuel or kerosene. (b) Requirements (1) In general A person meets the requirements of this subsection with respect to diesel fuel or kerosene if such person removes from a terminal eligible indelibly dyed diesel fuel or kerosene. (2) Eligible indelibly dyed diesel fuel or kerosene defined The term eligible indelibly dyed diesel fuel or kerosene means diesel fuel or kerosene— (A) with respect to which a tax under section 4081 was previously paid (and not credited or refunded), and (B) which is exempt from taxation under section 4082(a). (c) Cross reference For civil penalty for excessive claims under this section, see section 6675. . (b) Conforming amendments (1) Section 6206 of the Internal Revenue Code of 1986 is amended— (A) by striking or 6427 each place it appears and inserting 6427, or 6433 ; and (B) by striking 6420 and 6421 and inserting 6420, 6421, and 6433 . (2) Section 6430 of such Code is amended— (A) by striking or at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting , or , and by adding at the end the following new paragraph: (4) which are removed as eligible indelibly dyed diesel fuel or kerosene under section 6433. . (3) Section 6675 of such Code is amended— (A) in subsection (a), by striking or 6427 (relating to fuels not used for taxable purposes) and inserting 6427 (relating to fuels not used for taxable purposes), or 6433 (relating to eligible indelibly dyed fuel) ; and (B) in subsection (b)(1), by striking 6421, or 6427, and inserting 6421, 6427, or 6433, . (4) The table of sections for subchapter B of chapter 65 of such Code is amended by adding at the end the following new item: Sec. 6433. Dyed fuel. . (c) Effective date The amendments made by this section shall apply to eligible indelibly dyed diesel fuel or kerosene removed on or after the date that is 180 days after the date of the enactment of this section.
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https://www.govinfo.gov/content/pkg/BILLS-117s2877is/xml/BILLS-117s2877is.xml
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117-s-2878
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II 117th CONGRESS 1st Session S. 2878 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Hagerty (for himself, Mr. Graham , Mrs. Capito , Mr. Rubio , Mr. Daines , Mrs. Blackburn , Mr. Braun , and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To codify in statute the establishment of the Office of Global Women's Issues and the Women’s Global Development and Prosperity Initiative, and for other purposes.
1. Office of Global Women's Issues and the Women's Global Development and Prosperity Initiative Chapter 1 of part I of the Foreign Assistance Act of 1961 ( 22 U.S.C. 2151 et seq. ) is amended by adding at the end the following: 138. Office of Global Women's Issues and the Women's Global Development and Prosperity Initiative (a) In general The Secretary of State shall establish, in the Office of the Secretary of State, the Office of Global Women’s Issues (referred to in this section as the Office ). (b) Purpose; duties (1) Purpose The purpose of the Office is to advance equal opportunity for women and the status of women and girls in United States foreign policy. (2) Duties In carrying out the purpose described in paragraph (1), the Office— (A) (i) shall advise the Secretary of State and provide input on all activities, policies, programs, and funding relating to equal opportunity for women and the advancement of women and girls internationally to all bureaus and offices of the Department of State; and (ii) may, as appropriate, provide to the international programs of other Federal agencies input on all activities, policies, programs, and funding relating to equal opportunity for women and the advancement of women and girls internationally; (B) (i) shall work to ensure that efforts to advance equal opportunity for women and men and women’s and girls’ empowerment are fully integrated into the programs, structures, processes, and capacities of all bureaus and offices of the Department of State; and (ii) may, as appropriate, work to ensure that efforts to advance equal opportunity for women and men and women’s and girls’ empowerment are fully integrated into the international programs of other Federal agencies; (C) shall implement the Women’s Global Development and Prosperity Initiative, in accordance with subsection (c); and (D) may not engage in any activities not described in subparagraphs (A) through (C). (c) Women’s Global Development and Prosperity Initiative (1) Establishment The Secretary of State shall establish the Women’s Global Development and Prosperity Initiative (referred to in this subsection as the Initiative ) to carry out the activities described in paragraphs (2) through (4). (2) Women prospering in the workforce The Initiative shall advance women in the workforce by improving their access to quality vocational education and skills training, which will enable them to secure jobs in their local economies. (3) Women succeeding as entrepreneurs The Initiative shall promote women’s entrepreneurship and increasing access to capital, financial services, markets, technical assistance, and mentorship. (4) Women enabled in the economy The Initiative shall identify and reduce the binding constraints in economic and property laws and practices that prevent women’s full and free participation in the global economy and promote foundational legal reforms, including— (A) ensuring that women can fully participate in the workforce and engage in economic activities by— (i) ending impunity for violence against women; (ii) ensuring that women have the authority to sign legal documents, such as contracts and court documents; and (iii) addressing unequal access to courts and administrative bodies for women, whether officially or through lack of proper enforcement; (B) ensuring women’s equal access to credit and capital to start and grow their businesses, savings, and investments, including prohibiting discrimination in access to credit on the basis of sex or marital status; (C) lifting restrictions on women’s right to own, manage, and make decisions relating to the use of property, including repealing limitations on inheritance and ensuring the ability to transfer, purchase, or lease such property; (D) addressing constraints on women’s freedom of movement, including sex-based restrictions on obtaining passports and identification documents; and (E) promoting the free and equal participation of women in the economy with regard to working hours, occupations, and occupational tasks. (d) Supervision The Office shall be headed by an Ambassador-at-Large for Global Women’s Issues and the Women’s Global Development and Prosperity Initiative (referred to in this section as the Ambassador ), who shall— (1) be appointed by the President, with the advice and consent of the Senate; (2) report directly to the Secretary; and (3) have the rank and status of Ambassador-at-Large. (e) Coordination United States Government efforts to advance women’s economic empowerment globally shall be closely aligned and coordinated with the Initiative. (f) Abortion neutrality (1) Prohibitions The Office, the Initiative, and the Ambassador may not— (A) lobby other countries, including through multilateral mechanisms and foreign nongovernmental organizations— (i) to change domestic laws or policies with respect to abortion; or (ii) to include abortion as a programmatic requirement of any foreign activities; or (B) provide Federal funding appropriated for foreign assistance to pay for or to promote abortion. (2) Limitations on use of funds Amounts appropriated for the Office or the Initiative may not be used— (A) to lobby other countries, including through multilateral mechanisms and foreign nongovernmental organizations— (i) to change domestic laws or policies with respect to abortion; or (ii) to include abortion as a programmatic requirement of any foreign activities; or (B) to provide Federal foreign assistance funding to pay for or to promote abortion. (3) Construction Nothing in this subsection may be construed to prevent— (A) the funding of activities for the purpose of treating injuries or illnesses caused by legal or illegal abortions; or (B) agencies or officers of the United States from engaging in activities in opposition to policies of coercive abortion or involuntary sterilization. (g) Report Not later than 180 days after the date of the enactment of this section, and not less frequently than annually thereafter, the Secretary of State shall— (1) submit a written report to the Committee on Appropriations of the Senate , the Committee on Foreign Relations of the Senate , the Committee on Appropriations of the House of Representatives , and the Committee on Foreign Affairs of the House of Representatives that describes the implementation of this section, including— (A) measures taken to ensure compliance with subsection (f); and (B) with respect to funds appropriated pursuant to subsection (h)— (i) amounts awarded to prime recipients and subrecipients since the end of the previous reporting period; and (ii) descriptions of each program for which such funds are used; and (2) make such report publicly available. (h) Funding (1) In general There shall be reserved to carry out this section, from funds made available for development assistance programs of the United States Agency for International Development, $200,000,000, for each of the fiscal years 2022 through 2026, which shall be— (A) deposited into the Women’s Global Development and Prosperity Fund (W–GDP); (B) administered by the United States Agency for International Development; (C) expended solely for the purpose, duties, and activities set forth in subsections (b) and (c); and (D) expended, to the greatest extent practicable, in support of removing legal barriers to women’s economic freedom in accordance with the findings of the W–GDP Women’s Economic Freedom Index report published by the Council of Economic Advisers in February 2020. (2) Requirement Notwithstanding paragraph (1), amounts reserved under paragraph (1) for fiscal year 2023, or for any later fiscal year, may not be obligated or expended unless the most recent report submitted pursuant to subsection (g)(1) includes the information required under subparagraphs (A) and (B) of subsection (g)(1). (3) Oversight The expenditure of amounts reserved under paragraph (1) shall be jointly overseen by— (A) the United States Agency for International Development; (B) the Ambassador; and (C) the Initiative. .
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II 117th CONGRESS 1st Session S. 2879 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Lankford introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To provide that Executive Orders 14042 and 14043 shall have no force or effect.
1. Short title This Act may be cited as the Stop Vaccine Mandates Act . 2. Executive Orders 14042 and 14043 The provisions of Executive Order 14042 (86 Fed. Reg. 50985; relating to ensuring adequate COVID safety protocols for Federal contractors) and Executive Order 14043 (86 Fed. Reg. 50989; relating to requiring Coronavirus Disease 2019 vaccination for Federal employees) are rescinded and shall have no force or effect.
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117-s-2880
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II 117th CONGRESS 1st Session S. 2880 IN THE SENATE OF THE UNITED STATES September 28, 2021 Mr. Cotton introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To amend the National Defense Authorization Act for Fiscal Year 2020 to modify certain deadlines relating to the Commission on Combating Synthetic Opioid Trafficking.
1. Modification of certain deadlines for Commission on Combating Synthetic Opioid Trafficking Section 7221(f)(2) of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 133 Stat. 2273) is amended by striking 270 days and inserting 390 days .
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117-s-2881
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II 117th CONGRESS 1st Session S. 2881 IN THE SENATE OF THE UNITED STATES September 28, 2021 Ms. Collins (for herself 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 assist States in improving guardianship oversight and data collection.
1. Short title This Act may be cited as the Guardianship Accountability Act of 2021 . 2. Findings; purposes (a) Findings Congress finds the following: (1) An estimated 1,300,000 adults and approximately $50,000,000,000 in assets are under the care of guardians in the United States. (2) Most guardians are selfless, dedicated individuals who play an important role in safeguarding individuals in need of support. However, unscrupulous guardians acting with little oversight have used guardianship proceedings to obtain control of individuals in need of support. (3) Once a guardianship is imposed, there are often few safeguards in place to protect against individuals who choose to abuse the system and few States are able to report accurate or detailed guardianship data. (4) A full guardianship order may remove more rights than necessary and thus may not be the best means of providing support and protection to an individual. If individuals subject to guardianship regain capacity, all or some rights should be quickly and efficiently restored. (5) States should encourage courts to use alternatives to guardianship through State statutes, including the adoption of the Uniform Guardianship, Conservatorship, and Other Protective Arrangements Act, to ensure better protections and control for individuals being considered for guardianship and those pursuing a restoration of their rights. (6) A national resource center on guardianship is needed to collect and publish information for the benefit of courts, policy makers, individuals subject to guardianship, guardians, community organizations, and other stakeholders. (b) Purposes The purposes of this Act are to help States improve guardianship oversight and data collection by— (1) designating a National Resource Center on Guardianship; (2) authorizing grants for the purpose of developing State Guardianship Databases; and (3) establishing procedures for sharing background check information related to appointed guardians with other jurisdictions. 3. Definitions In this Act: (1) Guardianship The term guardianship means a legal relationship established by a court when a person is determined to lack the ability to meet essential requirements for physical health, safety, or self-care because the person is unable to receive and evaluate information or make or communicate decisions about their person or property, even with appropriate supportive services, technological assistance, supported decision making, or other less restrictive alternatives. (2) Individuals subject to guardianship The term individuals subject to guardianship means any individual 18 years or older placed under a guardianship. (3) Secretary The term Secretary means the Secretary of Health and Human Services. 4. National Resource Center on Guardianship (a) Designation The Secretary of Health and Human Services shall establish a National Resource Center on Guardianship (referred to in this section as the Center ). (b) The National Resource Center on Guardianship The National Resource Center shall— (1) collect and publish information for use by individuals subject to guardianship, guardians, courts, State and local governments, and community organizations; (2) post model standards, best practices, and guidelines for the appointment and regulation of guardianship cases developed under section 505 of the Elder Abuse Prevention and Prosecution Act ( 34 U.S.C. 21752 ); (3) promote the use of less restrictive alternatives to guardianship, including supported decision making and the restoration of rights of individuals subject to guardianship; (4) annually compile and publish a summary of recently conducted research on guardianship systems and efforts to expand less restrictive alternatives, including information from agencies across the government; (5) collect data from States regarding— (A) the number of individuals subject to guardianship; (B) the duration of guardianships; (C) whether the authority granted to guardians is classified as— (i) full guardianship; (ii) limited guardianship; (iii) emergency or temporary guardianship; or (iv) a less restrictive alternative to guardianship; (D) the amount of financial assets under guardianship; and (E) whether an appointed guardian is classified as a— (i) family or other nonprofessional guardian; (ii) private or professional guardian or guardianship agencies; or (iii) public guardian; (6) maintain a public, national database on State laws regarding guardianship and less restrictive alternatives to guardianship, including requirements for the— (A) use of least restrictive alternative; (B) regular filing and documentation by appointed guardians; (C) oversight of appointed guardians; (D) restoration of rights of individuals subject to guardianship; and (E) oversight of potential conflicts of interest among individuals and organizations involved in guardianship applications, appointments, and oversight; (7) identify issues relating to guardianship and provide and publish annual recommendations to States and Congress to address identified problems; (8) collect and analyze best practices relating to guardianship, and publish a report of such best practices, including model guidelines and standards for— (A) ensuring appropriate representation and protection of legal rights for individuals subject to guardianship and guardianship proceedings; (B) conducting background check investigations on prospective and appointed guardians; (C) promoting the use of less restrictive alternatives to guardianship, including supported decision making; (D) obtaining restoration of all or some rights; (E) implementing oversight programs; and (F) responding to abuse, neglect, and exploitation; (9) compile and publish training materials for court appointed guardians related to duties and obligations, as well as ways in which to effectively support individuals subject to guardianship and to use less restrictive alternatives to guardianships; (10) facilitate State collection of guardianship information and the sharing of such information among States and Federal agencies; and (11) carry out other activities, as determined by the Secretary. (c) Consideration In developing the Center, the Secretary shall take into account diverse stakeholder views, including people with disabilities, older adults, self-advocacy organizations, and organizations representing people with disabilities, older adults, family members, court-stakeholder partnerships and others, as well as available literature developed through academic or other research institutions. 5. State guardianship databases Section 2042(c) of the Social Security Act ( 42 U.S.C. 1397m–1(c) ) is amended— (1) in paragraph (1), by striking paragraph (2)(E) and inserting subparagraphs (E), (F), (G), and (H) of paragraph (2) ; (2) in paragraph (2)— (A) in the matter preceding subparagraph (A)— (i) by striking Funds and inserting Subject to paragraph (7), funds ; and (ii) by striking subparagraph (E) and inserting subparagraphs (E), (F), (G), and (H) ; (B) in subparagraph (E), by striking or at the end; (C) by redesignating subparagraph (F) as subparagraph (I); and (D) by inserting after subparagraph (E) the following new paragraphs: (F) methods to assess State guardianship statistics such as the creation of State databases to collect information about the number and characteristics of guardianship arrangements, guardians, individuals subject to guardianship, and individuals receiving supported decision-making services or other alternatives to guardianship; (G) the use of trained court visitors to improve court administration of guardianship arrangements, including the appointment and oversight of guardians and adoption of less restrictive alternatives to guardianship, and to encompass a broad range of entities that could provide oversight and support to adults subject to guardianship; (H) methods for collecting, storing, and making available to the appropriate individuals, organizations, and entities information on prospective, current, and previously appointed guardians, which may include— (i) information relating to background check investigations; (ii) court decisions regarding petitions for appointment as a guardian, including the rationale for such decisions; and (iii) information relating to the cause for removal of the guardian or termination of the guardianship arrangement; or ; (3) in paragraph (4), by striking paragraph (2)(E) and inserting subparagraphs (E), (F), (G), and (H) of paragraph (2) ; (4) in paragraph (5), by striking paragraph (2)(E) each place it appears and inserting subparagraphs (E), (F), (G), and (H) of paragraph (2) ; and (5) by adding at the end the following new paragraph: (7) Ensuring demonstration program funding for the highest courts of States The Secretary shall ensure that at least 5 percent of the total of any funds made available to carry out this subsection in a fiscal year (beginning with fiscal year 2020) is awarded under grants to the highest courts of States for purposes of conducting demonstration programs described in subparagraphs (E), (F), (G), and (H) of paragraph (2). .
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II 117th CONGRESS 1st Session S. 2882 IN THE SENATE OF THE UNITED STATES September 29, 2021 Ms. Warren introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To amend certain banking laws to establish requirements for bank mergers, and for other purposes.
1. Short title; table of contents (a) Short title This Act may be cited as the Bank Merger Review Modernization Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Sec. 2. Compliance with Federal consumer financial laws. Sec. 3. Cost-benefit analysis for merger transactions. Sec. 4. Community Reinvestment Act performance. Sec. 5. Financial stability considerations for merger transactions. Sec. 6. Financial criteria for certain merger transactions. Sec. 7. Managerial criteria for certain merger transactions. Sec. 8. Competitive effects. Sec. 9. Transparency in merger review. Sec. 10. Financial stability exception. Sec. 11. Prior approval requirements. Sec. 12. Citizen standing. Sec. 13. Savings and loan holding company acquisitions and merger transactions. 2. Compliance with Federal consumer financial laws (a) Application for mergers or acquisitions (1) In general Not later than 180 days after the date of the enactment of this Act, the Director of the Bureau of Consumer Financial Protection shall establish procedures for a covered applicant to submit an application to directly or indirectly merge with, or directly or indirectly acquire, a person that offers or provides consumer financial products or services (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481(14) )). (2) Public comment The Director shall allow a period of at least 30 days for public comment on applications submitted under paragraph (1). (b) Prohibition It shall be unlawful for a covered applicant to directly or indirectly merge with, or directly or indirectly acquire, a person that offers or provides consumer financial products or services (as defined in section 1002 of the Consumer Financial Protection Act of 2010 ( 12 U.S.C. 5481(14) )) without the prior written approval of the Director. (c) Considerations In considering an application under subsection (a), the Director shall— (1) consider the records of the covered applicant and the person with respect to compliance with the Federal consumer financial laws; and (2) deny such application if the resulting institution would not have adequate systems in place to ensure compliance with the Federal consumer financial laws. (d) Covered applicant defined In this section, the term covered applicant means an insured depository institution (as defined in section 3 of the Federal Deposit Insurance Act ( 12 U.S.C. 1813 )) or a depository institution holding company (as defined in such section) with more than $10,000,000,000 in total assets. 3. Cost-benefit analysis for merger transactions (a) Insured depository institutions Section 18(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(c) ) is amended by adding at the end the following new paragraph: (14) Analysis of costs and benefits (A) In general The responsible agency shall not approve any proposed merger transaction under this subsection unless the responsible agency determines that the public benefits of the merger transaction outweigh the expected costs. (B) Evaluation In evaluating the expected costs of the proposed merger transaction under subparagraph (A), the responsible agency shall consider— (i) the probable effect of the proposed merger transaction on the cost and availability of financial products and services; (ii) the probable effect of branch closures on customers of each bank or savings association involved in the proposed merger transaction; (iii) the probable effect of the proposed merger transaction on relevant local economies, including employment losses relating to branch closures and impacts on job quality; and (iv) any other cost of the proposed merger transaction that the responsible agency considers pursuant to this subsection. . (b) Bank holding companies (1) Proposed acquisitions, mergers, or consolidations Section 3(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842(c) ) is amended by adding at the end the following new paragraph: (8) Analysis of costs and benefits (A) In general The Board may not approve an application under this section unless the Board determines that the public benefits of the proposed transaction outweigh the expected costs. (B) Evaluation In evaluating the expected costs of the proposed transaction under subparagraph (A), the Board shall consider— (i) the probable effect of the proposed transaction on the cost and availability of financial products and services; (ii) the probable effect of branch closures on customers of each company involved in the proposed transaction; (iii) the probable effect of the proposed transaction on relevant local economies, including employment losses relating to branch closures and impacts on job quality; and (iv) any other cost of the proposed transaction that the Board considers pursuant to this subsection. . (2) Other transactions or activities Section 4(j)(2) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j)(2) ) is amended by adding at the end the following new subparagraph: (D) Analysis of costs and benefits (i) In general The Board shall deny a notice filed pursuant to this subsection unless the Board determines that the public benefits of the proposed transaction or activity described in the notice outweigh the expected costs. (ii) Evaluation In evaluating the expected costs of the proposed transaction under subparagraph (A), the Board shall consider— (I) the probable effect of the proposed transaction or activity on the cost and availability of financial products and services; (II) the probable effect of branch closures on customers of each company involved in the proposed transaction or activity; (III) the probable effect of the proposed transaction or activity on relevant local economies, including employment losses relating to branch closures and impacts on job quality; and (IV) any other cost of the proposed transaction or activity that the Board considers pursuant to this paragraph. . 4. Community Reinvestment Act performance (a) Insured depository institutions Section 18(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(c) ), as amended by section 3, is further amended by adding at the end the following new paragraphs: (15) Community Reinvestment Act performance The responsible agency shall not approve a proposed merger transaction under this section if the largest insured depository institution that is party to such transaction, based on a comparison of the average total risk-weighted assets controlled by each insured depository institution that is party to such transaction during the previous 12-month period, has received a rating lower than outstanding record of meeting community credit needs on— (A) two out of the three most recent written evaluations required under section 807 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2906 ); or (B) if three such evaluations are not available, the most recent written evaluation required under such section. (16) Community benefits plan (A) In general In reviewing any application filed under this paragraph, the responsible agency shall require— (i) submission to the appropriate Federal financial supervisory agency of a community benefits plan; (ii) that the insured depository institution consult with community-based organizations and other community stakeholders in developing the community benefits plan; and (iii) a public hearing to be held if any insured depository institution involved in the transaction has received a substantial noncompliance in meeting community credit needs or needs to improve record of meeting community credit needs rating in any assessment area during the last examination of such institution conducted pursuant to the Community Reinvestment Act of 1977. (B) Definition For purposes of this paragraph, community benefits plan means a plan that provides measurable goals for future amounts of safe and sound loans, investments, services, and other financial products for low- and moderate-income communities and other distressed or underserved communities. . (b) Bank holding companies (1) Proposed acquisitions, mergers, or consolidations Section 3(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842(c) ), as amended by section 3, is further amended by adding at the end the following new paragraphs: (9) Community Reinvestment Act performance The Board shall deny an application under this section if either the lead insured depository institution of the applicant or the insured depository institution that would be the lead insured depository institution of the resulting company following consummation of the proposed transaction has received a rating lower than outstanding record of meeting community credit needs on— (A) two out of the three most recent written evaluations required under section 807 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2906 ); or (B) if three such evaluations are not available, the most recent written evaluation required under such section. (10) Community benefits plan (A) In general In reviewing any application filed under this paragraph, the Board shall require— (i) submission to the appropriate Federal financial supervisory agency of a community benefits plan; (ii) that the company consult with community-based organizations and other community stakeholders in developing the community benefits plan; and (iii) a public hearing to be held if any bank that would be controlled by the resulting company has received a substantial noncompliance in meeting community credit needs or needs to improve record of meeting community credit needs rating in any assessment area during the last examination of such institution conducted pursuant to the Community Reinvestment Act of 1977. (B) Definition For purposes of this paragraph, community benefits plan means a plan that provides measurable goals for future amounts of safe and sound loans, investments, services, and other financial products for low- and moderate-income communities and other distressed or underserved communities. . (2) Other transactions or activities Section 4(j)(2) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j)(2) ), as amended by section 3, is further amended by adding at the end the following new subparagraphs: (E) Community Reinvestment Act performance The Board shall deny a notice filed pursuant to this subsection if the lead insured depository institution of the applicant or the insured depository institution that would be the lead insured depository institution of the resulting company following consummation of the proposed transaction or activity has received a rating lower than outstanding record of meeting community credit needs on— (i) two out of the three most recent written evaluations required under section 807 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2906 ); or (ii) if three such evaluations are not available, the most recent written evaluation required under such section. (F) Community benefits plan (i) In general In reviewing any application filed under this paragraph, the Board shall require— (I) submission to the appropriate Federal financial supervisory agency of a community benefits plan; (II) that the company consult with community-based organizations and other community stakeholders in developing the community benefits plan; and (III) a public hearing to be held if any bank that would be controlled by the resulting company has received a substantial noncompliance in meeting community credit needs or needs to improve record of meeting community credit needs rating in any assessment area during the last examination of such institution conducted pursuant to the Community Reinvestment Act of 1977. (ii) Definition For purposes of this paragraph, community benefits plan means a plan that provides measurable goals for future amounts of safe and sound loans, investments, services, and other financial products for low- and moderate-income communities and other distressed or underserved communities. . (c) Community reinvestment act amendment Section 804 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2903 ) is amended by adding at the end the following new subsection: (e) Community benefits plan In assessing and taking into account, under subsection (a), the record of a financial institution, the appropriate Federal financial supervisory agency shall consider as a factor the financial institution’s record of compliance with any community benefits plan pursuant to section 3(c)(10) or 4(j)(2)(F) of the Bank Holding Company Act of 1956 or section 18(c)(16) of the Federal Deposit Insurance Act, as applicable. . (d) Fair lending assessment Section 807(b)(1) of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2906(b)(1) ) is amended— (1) in subparagraph (A)— (A) in clause (ii), by striking and at the end; (B) by redesignating clause (iii) as clause (iv); and (C) by inserting after clause (ii) the following new clause: (iii) contain statistical analyses of the institution’s fair lending performance using data reported under the Home Mortgage Disclosure Act; and ; and (2) in subparagraph (B), by striking clauses (i) and (ii) and inserting clauses (i), (ii), and (iii) . 5. Financial stability considerations for merger transactions (a) Insured depository institutions Section 18(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(c) ), as amended by section 4, is further amended— (1) in paragraph (5)— (A) in subparagraph (A), by striking or at the end; (B) in subparagraph (B), by striking the period at the end and inserting , or ; and (C) by inserting after subparagraph (B) the following new subparagraph: (C) any proposed merger transaction for which the resulting insured depository institution would receive a score greater than 25 on the assessment described in paragraph (17)(B). ; and (2) by adding at the end the following new paragraph: (17) Financial stability In considering the risk to the stability of the United States banking or financial system under paragraph (5), the responsible agency shall— (A) take into account— (i) the insured depository institutions or bank holding companies that might acquire the applicant insured depository institution if the resulting insured depository institution were to fail after consummation of the proposed merger; and (ii) whether such an acquisition would result in greater or more concentrated risks to the stability of the United States banking or financial system; and (B) use the assessment methodology developed by the Basel Committee on Banking Supervision for assessing global systemically important banks. . (b) Bank holding companies (1) Proposed acquisitions, mergers, or consolidations Section 3(c)(7) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842(c)(7) ), as amended by section 4, is further amended— (A) by striking In every case, and inserting the following: (A) In general In every case, ; and (B) by adding at the end the following new subparagraphs: (B) Considerations The Board shall not approve an application under this section for which the resulting company would receive a score greater than 25 on the assessment described in subparagraph (C)(ii). (C) Financial stability In considering the risk to the stability of the United States banking or financial system, the Board shall— (i) take into account— (I) the insured depository institutions or bank holding companies that might acquire the resulting company if it were to fail after consummation of the proposed transaction; and (II) whether such an acquisition would result in greater or more concentrated risks to the stability of the United States banking or financial system; and (ii) use the assessment methodology developed by the Basel Committee on Banking Supervision for assessing global systemically important banks. . (2) Proposed transactions or activities Section 4(j)(2) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j)(2) ), as amended by section 4, is further amended by adding at the end the following new subparagraphs: (G) Considerations The Board shall deny a notice filed pursuant to this subsection if the resulting company would receive a score greater than 25 on the assessment described in subparagraph (H)(ii). (H) Assessment of financial stability In considering the risk to the stability of the United States banking or financial system, the Board shall— (i) take into account— (I) the insured depository institutions or bank holding companies that might acquire the applicant bank holding company if the resulting company were to fail after consummation of the proposed proposal; and (II) whether such an acquisition would result in greater or more concentrated risks to the stability of the United States banking or financial system; and (ii) use the assessment methodology developed by the Basel Committee on Banking Supervision for assessing global systemically important banks. . 6. Financial criteria for certain merger transactions (a) Stress tests (1) Proposed acquisitions, mergers, or consolidations Section 3(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842(c) ), as amended by section 5, is further amended by adding at the end the following new paragraphs: (11) Stress tests (A) In general If a resulting company will have total consolidated assets greater than or equal to $100,000,000,000, the Board shall evaluate the pro forma balance sheet of the resulting company to assess whether such resulting company would have the capital, on a total consolidated basis, necessary to absorb losses as a result of adverse economic conditions. (B) Considerations The Board shall not approve an application under this section unless the resulting company would remain at least adequately capitalized in severely adverse economic conditions under the evaluation described in subparagraph (A). . (2) Proposed transactions or activities Section 4(j) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j) ), as amended by section 5, is further amended by adding at the end the following new paragraphs: (8) Stress tests (A) In general If a resulting company will have total consolidated assets greater than or equal to $100,000,000,000, the Board shall evaluate the pro forma balance sheet of the resulting company to determine whether such resulting company would have the capital, on a total consolidated basis, necessary to absorb losses as a result of adverse economic conditions. (B) Considerations The Board shall deny a notice submitted pursuant to this subsection if the resulting company would not remain at least adequately capitalized in severely adverse economic conditions under the evaluation described in subparagraph (A). . (b) Well capitalized thresholds (1) Definition of well capitalized for interstate bank mergers Section 44(g) of the Federal Deposit Insurance Act ( 12 U.S.C. 1831u(g) ) is amended by adding at the end the following new paragraph: (12) Well capitalized The term well capitalized means, with respect to an insured depository institution with total consolidated assets of $10,000,000,000 or more, that such institution exceeds the required minimum level for each relevant capital measure to be considered adequately capitalized (as determined under section 38) by at least 50 percent of such minimum. . (2) Bank holding companies Section 2(o)(B)(ii) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1841(o)(B)(ii) ) is amended to read as follows: (ii) Well capitalized A bank holding company is well capitalized if— (I) with respect to a company that has total consolidated assets of $10,000,000,000 or more, it exceeds the required minimum level for each relevant capital measure (as determined by the Board) by at least 50 percent of such minimum; and (II) with respect to a company that has total consolidated assets of less than $10,000,000,000, it meets the required capital levels for well capitalized bank holding companies established by the Board. . 7. Managerial criteria for certain merger transactions (a) Insured depository institutions Section 18(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(c) ), as amended by sections 3(a), 4(a), and 5(a) of this Act, is amended by adding at the end the following: (18) (A) In this paragraph, the term covered transaction means a merger transaction in which the resulting company would have more than $100,000,000,000 in total assets. (B) An application for approval of a covered transaction shall include the name of each individual who will serve on the board of directors or serve as a senior executive officer of the resulting company. (C) The responsible agency shall make a written evaluation of the competence, experience, character, and integrity of each individual described in subparagraph (B). (D) The responsible agency shall not approve a covered transaction if the responsible agency determines that the competence, experience, character, or integrity of any individual described in subparagraph (B) indicates that it would not be in the best interests of the depositors of the depository institution or in the best interests of the public to permit the individual to be employed by, or associated with, the resulting company. (E) The responsible agency shall make any written evaluation described in subparagraph (C) publicly available after the date on which the responsible agency approves or denies a covered transaction. . (b) Bank holding companies (1) Acquisition of bank shares or assets Section 3(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842(c) ), as amended by sections 3(b)(1), 4(b)(1), and 6(a)(1) of this Act, is amended by adding at the end the following: (12) Covered transactions (A) Definition In this paragraph, the term covered transaction means an acquisition, merger, or consolidation under this section in which the resulting company would have more than $100,000,000,000 in total assets. (B) Listing of members of the board of directors and senior executive officers (i) In general An application for approval of a covered transaction shall include the name of each individual who will serve on the board of directors or serve as a senior executive officer of the resulting company. (ii) Written evaluation The Board shall make a written evaluation of the competence, experience, character, and integrity of each individual described in clause (i). (iii) Best interests The Board shall not approve a covered transaction if the Board determines that the competence, experience, character, or integrity of any individual described in clause (i) indicates that it would not be in the best interests of the shareholders of the bank holding company or in the best interests of the public to permit the individual to be employed by, or associated with, the resulting company. (iv) Publicly available The Board shall make any written evaluation described in clause (ii) publicly available after the date on which the Board approves or denies a covered transaction. . (2) Interests in nonbanking organizations Section 4(j) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j) ), as amended by section 6(a)(2) of this Act, is amended by adding at the end the following: (9) Covered transactions (A) Definition In this paragraph, the term covered transaction means a transaction under this subsection in which the resulting company would have more than $100,000,000,000 in total assets. (B) Listing of members of the board of directors and senior executive officers (i) In general Notice for approval of a covered transaction shall include the name of each individual who will serve on the board of directors or serve as a senior executive officer of the resulting company. (ii) Written evaluation The Board shall make a written evaluation of the competence, experience, character, and integrity of each individual described in clause (i). (iii) Best interests The Board shall deny a proposed covered transaction if the Board determines that the competence, experience, character, or integrity of any individual described in clause (i) indicates that it would not be in the best interests of the shareholders of the bank holding company or in the best interests of the public to permit the individual to be employed by, or associated with, the resulting company. (iv) Publicly available The Board shall make any written evaluation described in clause (ii) publicly available after the date on which the Board approves or denies a covered transaction. . 8. Competitive effects (a) Insured depository institutions Section 18(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(c) ), as amended by section 7, is further amended by adding at the end the following new paragraph: (19) Competitive effects (A) Product markets In every case, the responsible agency shall consider the competitive effects of the proposed transaction on the market for— (i) the cluster of commercial banking products and services, as described in United States v. Philadelphia National Bank, 374 U.S. 321 (1963); (ii) commercial deposits; (iii) loans to small businesses, using data reported under the Community Reinvestment Act of 1977 for loans to small businesses with less than $1,000,000 in gross annual revenue, and any other data the responsible agency deems appropriate to collect for this purpose; (iv) home mortgage loans, using data reported under the Home Mortgage Disclosure Act of 1975 for first-lien mortgage loans for single family homes, and any other data the responsible agency deems appropriate to collect for this purpose; and (v) any other financial product that comprises a substantial portion of the activities of each bank or savings association involved in the proposed merger transaction, as determined by the responsible agency. (B) Geographic markets The responsible agency shall consider the competitive effects of the proposed transaction on the product markets identified in subparagraph (A) with respect to each of the following geographic markets as defined by the United States Census Bureau: (i) Each State in which the resulting company would operate. (ii) Each core-based statistical area in which the resulting company would operate. (iii) Each county in which the resulting company would operate. (iv) Any other geographic area the responsible agency deems appropriate. (C) Herfindahl-hirschman index threshold for heightened scrutiny (i) In general When evaluating the competitive effects of the proposed transaction, the responsible agency shall apply higher scrutiny to any markets in which the transaction would result in a Herfindahl-Hirschman Index over 1800 and an increase of more than 200. (ii) Rule of construction Nothing in clause (i) may be construed as limiting the authority of the responsible agency to apply higher scrutiny to any markets in which the transaction would result in an Herfindahl-Hirschman Index under 1800 or an increase of less than 200. (D) Additional considerations When evaluating the competitive effects of the proposed transaction, the responsible agency shall consider the extent to which— (i) the resulting institution could receive a too big to fail subsidy; (ii) the proposed transaction could create or intensify conflicts of interest; (iii) the proposed transaction could diminish product quality, including consumer privacy and access to branch offices; (iv) the proposed transaction could lead to the exploitation of consumers’ data; (v) the proposed transaction could impair the resilience of the United States or global financial systems; (vi) common ownership of firms in the relevant markets could impair competition; (vii) the proposed transaction could impact wages and working standards in the relevant markets; (viii) the proposed transaction could create or amplify existing climate and environmental risks; and (ix) any other factors that the responsible agency deems appropriate could impair competition. . (b) Bank holding companies (1) Proposed acquisitions, mergers, or consolidations Section 3(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842(c) ), as amended by section 7, is further amended by adding at the end the following new paragraph: (13) Competitive effects (A) Product markets In every case, the Board shall consider the competitive effects of the proposed transaction on the market for— (i) the cluster of commercial banking products and services, as described in United States v. Philadelphia National Bank, 374 U.S. 321 (1963); (ii) commercial deposits; (iii) loans to small businesses, using data reported under the Community Reinvestment Act of 1977 for loans to small businesses with less than $1,000,000 in gross annual revenue, and any other data the Board deems appropriate to collect for this purpose; (iv) home mortgage loans, using data reported under the Home Mortgage Disclosure Act of 1975 for first-lien mortgage loans for single family homes, and any other data the Board deems appropriate to collect for this purpose; and (v) any other financial product that comprises a substantial portion of the activities of each bank or savings association involved in the proposed merger transaction, as determined by the Board. (B) Geographic markets The Board shall consider the competitive effects of the proposed transaction on the product markets identified in subparagraph (A) with respect to each of the following geographic markets: (i) Each State in which the resulting company would operate. (ii) Each core-based statistical area in which the resulting company would operate. (iii) Each county in which the resulting company would operate. (iv) Any other geographic area the Board deems appropriate. (C) Herfindahl-hirschman index threshold for heightened scrutiny (i) In general When evaluating the competitive effects of the proposed transaction, the responsible agency shall apply higher scrutiny to any markets in which the transaction would result in a Herfindahl-Hirschman Index over 1800 and an increase of more than 200. (ii) Rule of construction Nothing in clause (i) may be construed as limiting the authority of the responsible agency to apply higher scrutiny to any markets in which the transaction would result in an Herfindahl-Hirschman Index under 1800 or an increase of less than 200. (D) Additional considerations When evaluating the competitive effects of the proposed transaction, the responsible agency shall consider the extent to which— (i) the resulting institution could receive a too big to fail subsidy; (ii) the proposed transaction could create or intensify conflicts of interest; (iii) the proposed transaction could diminish product quality, including consumer privacy and access to branch offices; (iv) the proposed transaction could lead to the exploitation of consumers’ data; (v) the proposed transaction could impair the resilience of the United States or global financial systems; (vi) common ownership of firms in the relevant markets could impair competition; (vii) the proposed transaction could impact wages and working standards in the relevant markets; (viii) the proposed transaction could create or amplify existing climate and environmental risks; and (ix) any other factors that the responsible agency deems appropriate could impair competition. . (2) Proposed transactions or activities Section 4(j) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j) ) as amended by section 7, is further amended is amended by adding at the end the following new paragraph: (10) Competitive effects (A) Product markets In every case, the Board shall consider the competitive effects of the proposed transaction on the market for— (i) commercial deposits; (ii) loans to small businesses, using data reported under the Community Reinvestment Act of 1977 for loans to small businesses with less than $1,000,000 in gross annual revenue, and any other data the Board deems appropriate to collect for this purpose; (iii) home mortgage loans, using data reported under the Home Mortgage Disclosure Act of 1975 for first-lien mortgage loans for single family homes, and any other data the Board deems appropriate to collect for this purpose; and (iv) any other financial product that comprises a substantial portion of the activities of each bank or savings association involved in the proposed merger transaction, as determined by the Board. (B) Geographic markets The Board shall consider the competitive effects of the proposed transaction on the product markets identified in subparagraph (A) with respect to each of the following geographic markets: (i) Each State in which the resulting company would operate. (ii) Each core-based statistical area in which the resulting company would operate. (iii) Each county in which the resulting company would operate. (iv) Any other geographic area the Board deems appropriate. (C) Herfindahl-hirschman index threshold for heightened scrutiny (i) In general When evaluating the competitive effects of the proposed transaction, the responsible agency shall apply higher scrutiny to any markets in which the transaction would result in a Herfindahl-Hirschman Index over 1800 and an increase of more than 200. (ii) Rule of construction Nothing in clause (i) may be construed as limiting the authority of the responsible agency to apply higher scrutiny to any markets in which the transaction would result in an Herfindahl-Hirschman Index under 1800 or an increase of less than 200. (D) Additional considerations When evaluating the competitive effects of the proposed transaction, the responsible agency shall consider the extent to which— (i) the resulting institution could receive a too big to fail subsidy; (ii) the proposed transaction could create or intensify conflicts of interest; (iii) the proposed transaction could diminish product quality, including consumer privacy and access to branch offices; (iv) the proposed transaction could lead to the exploitation of consumers’ data; (v) the proposed transaction could impair the resilience of the United States or global financial systems; (vi) common ownership of firms in the relevant markets could impair competition; (vii) the proposed transaction could impact wages and working standards in the relevant markets; (viii) the proposed transaction could create or amplify existing climate and environmental risks; and (ix) any other factors that the responsible agency deems appropriate could impair competition. . 9. Transparency in merger review (a) Insured depository institutions Section 18(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(c) ), as amended by section 8, is further amended by adding at the end the following new paragraph: (20) Transparency (A) In general In any application under this section— (i) an insured depository institution shall— (I) disclose whether any persons employed by, representing, or acting on behalf of the depository institution have had verbal or written communications with the responsible agency, a Federal reserve bank, or any other Federal regulatory agency regarding the proposed merger transaction; and (II) identify the dates and the names of individuals involved in, and the content of, all communications described in subclause (I); and (ii) the chief executive officer and chief legal officer of an insured depository institution shall certify that no persons employed by, representing, or acting on behalf of the depository institution asked for or received assurances from the responsible agency, a Federal reserve bank, or any other Federal regulatory agency that the proposed merger transaction would be approved of that there would be no barriers to such approval. (B) Updates An insured depository institution shall update the disclosure and certification described in subparagraph (A) as needed within 2 business days of any communication that occurs before the responsible agency makes a final decision on a proposed merger transaction. (C) Publication The responsible agency shall publish on the website of such agency the disclosure, certification, and any updates required under this paragraph within 1 business day of receipt. . (b) Bank holding companies (1) Proposed acquisitions, mergers, or consolidations Section 3(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842(c) ), as amended by section 8, is further amended by adding at the end the following new paragraph: (14) Transparency (A) In general In any application under this section— (i) a bank holding company shall— (I) disclose whether any persons employed by, representing, or acting on behalf of the bank holding company have had verbal or written communications with the Board, a Federal reserve bank, or any other Federal regulatory agency regarding the proposal; and (II) identify the dates and the names of individuals involved in, and the content of, all communications described in subclause (I); and (ii) the chief executive officer and chief legal officer of a bank holding company shall certify that no persons employed by, representing, or acting on behalf of the bank holding company asked for or received assurances from the Board, a Federal reserve bank, or any other Federal regulatory agency that the proposal would be approved of that there would be no barriers to such approval. (B) Updates A bank holding company shall update the disclosure and certification described in subparagraph (A) as needed within 2 business days of any communication that occurs before the Board makes a final decision on a proposal. (C) Publication The Board shall publish on the website of the Board the disclosure, certification, and any updates required under this paragraph within 1 business day of receipt. . (2) Proposed transactions or activities Section 4(j) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j) ) as amended by section 8, is further amended by adding at the end the following new paragraph: (11) Transparency (A) In general In any notice under this section— (i) a bank holding company shall— (I) disclose whether any persons employed by, representing, or acting on behalf of the bank holding company have had verbal or written communications with the Board, a Federal reserve bank, or any other Federal regulatory agency regarding the proposal; and (II) identify the dates and the names of individuals involved in, and the content of, all communications described in subclause (I); and (ii) the chief executive officer and chief legal officer of a bank holding company shall certify that no persons employed by, representing, or acting on behalf of the bank holding company asked for or received assurances from the Board, a Federal reserve bank, or any other Federal regulatory agency that the proposal would be approved of that there would be no barriers to such approval. (B) Updates A bank holding company shall update the disclosure and certification described in subparagraph (A) as needed within 2 business days of any communication that occurs before the Board makes a final decision on a proposal. (C) Publication The Board shall publish on the website of the Board the disclosure, certification, and any updates required under this paragraph within 1 business day of receipt. . 10. Financial stability exception (a) Insured depository institutions Section 18(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(c) ), as amended by section 9, is further amended by adding at the end the following new paragraph: (21) FSOC determination Notwithstanding paragraphs (5)(c), (14), (15), (16), and (17) of this subsection, if the Financial Stability Oversight Council determines by a 2⁄3 vote that a proposed merger transaction under this subsection is necessary to preserve the stability of the United States banking or financial system, the responsible agency may approve such transaction. . (b) Bank holding companies (1) Proposed acquisitions, mergers, or consolidations Section 3(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842(c) ), as amended by section 9, is further amended by adding at the end the following new paragraph: (15) F SOC determination Notwithstanding paragraphs (7)(B), (8), (9), (10), and (11) of this subsection, if the Financial Stability Oversight Council determines by a 2⁄3 vote that a proposed acquisition, merger, or consolidation under this subsection is necessary to preserve the stability of the United States banking or financial system, the Board may approve such acquisition, merger, or consolidation. . (2) Proposed transactions or activities Section 4(j) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j) ), as amended by section 8, is amended by adding at the end the following new paragraph: (12) F SOC determination Notwithstanding paragraphs (2)(D), (2)(E), (2)(F), (2)(G), and (8) of this subsection, if the Financial Stability Oversight Council determines by a 2⁄3 vote that a proposed transaction or activity under this subsection is necessary to preserve the stability of the United States banking or financial system, the Board may approve such transaction or activity. . 11. Prior approval requirements (a) Nonbanking transactions or activities (1) Bank Holding Company Act of 1956 (A) In general Section 4(k)(6) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(k)(6) is amended by striking subparagraph (B) and inserting the following: (B) Approval required (i) In general A financial holding company may not commence any activity, or acquire any company, pursuant to paragraph (4) or any regulation prescribed or order issued under paragraph (5) without prior approval of the Board. (ii) Notice procedures The procedures set forth in subsection (j)(1) shall apply to a notice pursuant to clause (i). (iii) Standards for review The standards provided in subsection (j)(2) shall apply to a notice pursuant to clause (i). (iv) Hart-scott-rodino filing requirement Solely for purposes of section 7A(c)(8) of the Clayton Act ( 15 U.S.C. 18a(c)(8) ), the transactions subject to the requirements of this paragraph shall be treated as if the approval of the Board is not required. . (B) Technical and conforming amendments Section 4(j) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j) ) is amended by striking paragraphs (3) through (7). (2) Financial Stability Act of 2010 Section 163 of the Financial Stability Act of 2010 ( 12 U.S.C. 5363 ) is amended by striking subsection (b) and inserting the following: (b) Acquisition of nonbank companies (1) Prior notice A nonbank financial company supervised by the Board of Governors shall not acquire direct or indirect ownership or control of any voting shares of any company (other than an insured depository institution) that is engaged in activities described in section 4(k) of the Bank Holding Company Act of 1956 without providing written notice to the Board of Governors in advance of the transaction. (2) Notice procedures The notice procedures set forth in section 4(j)(1) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j)(1) ) shall apply to an acquisition of any company (other than an insured depository institution) by a nonbank financial company supervised by the Board of Governors, as described in paragraph (1), including any company engaged in activities described in section 4(k) of that Act. (3) Standards for review The standards provided in section 4(j)(2) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j)(2) ) shall apply to an acquisition of any company (other than insured depository institution) by a nonbank financial company supervised by the Board of Governors, as described in paragraph (1). (4) Hart-scott-rodino filing requirement Solely for purposes of section 7A(c)(8) of the Clayton Act ( 15 U.S.C. 18a(c)(8) ), the transactions subject to the requirements of paragraph (1) shall be treated as if Board of Governors approval is not required. . (b) International acquisitions by U.S. banking organizations (1) Specific consent required A direct or indirect investment by a U.S. banking organization in a foreign organization shall require the specific consent of the Board of Governors of the Federal Reserve System. (2) Regulations Not later than 180 days after the date of enactment of this Act, the Board of Governors of the Federal Reserve System shall issue regulations implementing paragraph (1). 12. Citizen standing (a) Insured depository institutions Section 18(c) of the Federal Deposit Insurance Act ( 12 U.S.C. 1828(c) ), as amended by section 10, is further amended by adding at the end the following new paragraph: (22) Citizen standing (A) In general Not later than 10 days after the approval of a merger transaction by the responsible agency under this subsection or the denial of a request for reconsideration of an application for a merger transaction, an individual may file a civil action in the appropriate United States district court to review such approval, regardless of whether the individual submitted a comment or otherwise participated in the application process for approval of the merger transaction. (B) Consideration In any such action, the court shall review de novo the issues presented, consider the matter on an expedited basis, and issue a decision within 30 days. (C) Costs An individual who files a civil action under this paragraph may not be required to pay the costs of the responsible agency or any party to the merger transaction that is the subject of the civil action. (D) Effect on merger transaction The proposed merger transaction that is the subject of a civil action under this paragraph may not be consummated until the court issues a final decision in such action. . (b) Bank holding companies (1) Proposed acquisitions, mergers, or consolidations Section 3(c) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1842(c) ), as amended by section 10, is further amended by adding at the end the following new paragraph: (16) Citizen standing (A) In general Not later than 10 days after the approval of an application under this section by the Board, or the denial of a request for reconsideration of such an application by the Board, an individual may file a civil action in the appropriate United States district court to review such approval, regardless of whether the individual submitted a comment or otherwise participated in the application process. (B) Consideration In any such action, the court shall review de novo the issues presented, consider the matter on an expedited basis, and issue a decision within 30 days. (C) Costs An individual who files a civil action under this paragraph may not be required to pay the costs of the Board or any party to the application that is the subject of the civil action. (D) Effect on application The proposed acquisition, merger, or consolidation that is the subject of a civil action under this paragraph may not be consummated until the court issues a final decision in such action. . (2) Other transactions or activities Section 4(j)(2) of the Bank Holding Company Act of 1956 ( 12 U.S.C. 1843(j)(2) ), as amended by section 5, is further amended by adding at the end the following new subparagraph: (I) Citizen standing (i) In general Not later than 10 days after the approval of a notice under this subsection by the Board, or the denial of a request for reconsideration of such notice by the Board, an individual may file a civil action in the appropriate United States district court to review such approval, regardless of whether the individual submitted a comment or otherwise participated in the notice process. (ii) Consideration In any such action, the court shall review de novo the issues presented, consider the matter on an expedited basis, and issue a decision within 30 days. (iii) Costs An individual who files a civil action under this subparagraph may not be required to pay the costs of the Board or any party to the notice that is the subject of the civil action. (iv) Effect on notice The proposed transaction or activity that is the subject of a civil action under this subparagraph may not be commenced or consummated until the court issues a final decision in such action. . 13. Savings and loan holding company acquisitions and merger transactions (a) Section 10(e) of the Home Owners’ Loan Act ( 12 U.S.C. 1467a(e) ) is amended by adding at the end the following: (8) Additional considerations (A) Analysis of costs and benefits (i) In general The Board may not approve an application under this section unless the Board determines that the public benefits of the proposed transaction outweigh the expected costs. (ii) Evaluation In evaluating the expected costs of the proposed transaction under subparagraph (A), the Board shall consider— (I) the probable effect of the proposed transaction on the cost and availability of financial products and services; (II) the probable effect of branch closures on customers of each company involved in the proposed transaction; (III) the probable effect of the proposed transaction on relevant local economies, including employment losses relating to branch closures and impacts on job quality; and (IV) any other cost of the proposed transaction that the Board considers pursuant to this subsection. (B) Community reinvestment act performance The Board shall deny an application under this section if either the lead insured depository institution of the applicant or the insured depository institution that would be the lead insured depository institution of the resulting company following consummation of the proposed transaction has received a rating lower than outstanding record of meeting community credit needs on— (i) two out of the three most recent written evaluations required under section 807 of the Community Reinvestment Act of 1977 ( 12 U.S.C. 2906 ); or (ii) if three such evaluations are not available, the most recent written evaluation required under such section. (C) Community benefits plan (i) In general In reviewing any application filed under this paragraph, the Board shall require— (I) submission to the appropriate Federal financial supervisory agency of a community benefits plan; (II) that the company consult with community-based organizations and other community stakeholders in developing the community benefits plan; and (III) a public hearing to be held if any bank that would be controlled by the resulting company has received a substantial noncompliance in meeting community credit needs or needs to improve record of meeting community credit needs rating in any assessment area during the last examination of such institution conducted pursuant to the Community Reinvestment Act of 1977. (ii) Definition For purposes of this paragraph, community benefits plan means a plan that provides measurable goals for future amounts of safe and sound loans, investments, services, and other financial products for low- and moderate-income communities and other distressed or underserved communities. (D) Financial stability (i) In general In every case, the Board shall take into consideration the extent to which a proposed acquisition, merger, or consolidation would result in greater or more concentrated risks to the stability of the United States banking or financial system. (ii) In considering the risk to the stability of the United States banking or financial system, the Board shall take into account— (I) the insured depository institutions or bank holding companies that might acquire the resulting company if it were to fail after consummation of the proposed transaction; and (II) whether such an acquisition would result in greater or more concentrated risks to the stability of the United States banking or financial system. (E) Financial criteria (i) Well capitalized requirement The Board shall not approve any proposed acquisition, merger, or consolidation unless the company is well capitalized and would remain well capitalized upon consummation of the proposed transaction. (ii) Definition A company is well capitalized if— (I) with respect to a company that has total consolidated assets of $10,000,000,000 or more, it exceeds the required minimum level for each relevant capital measure (as determined by the Board) by at least 50 percent of such minimum; and (II) with respect to a company that has total consolidated assets of less than $10,000,000,000, it meets the required capital levels for well capitalized savings and loan holding companies established by the Board. (iii) Stress tests (I) In general If a resulting company will have total consolidated assets greater than or equal to $100,000,000,000, the Board shall evaluate the pro forma balance sheet of the resulting company to determine whether such resulting company would have the capital, on a total consolidated basis, necessary to absorb losses as a result of adverse economic conditions. (II) Considerations The Board shall deny a notice submitted pursuant to this subsection if the resulting company would not remain at least adequately capitalized in severely adverse economic conditions under the evaluation described in subparagraph (A). (F) Managerial criteria (i) Well managed requirement The Board shall not approve any proposed acquisition, merger, or consolidation unless the company is well managed and would remain well managed upon consummation of the proposed transaction. (ii) Covered transactions (I) Definition In this paragraph, the term covered transaction means an acquisition, merger, or consolidation under this section in which the resulting company would have more than $100,000,000,000 in total assets. (G) Listing of members of the board of directors and senior executive officers (i) In general An application for approval of a covered transaction shall include the name of each individual who will serve on the board of directors or serve as a senior executive officer of the resulting company. (ii) Written evaluation The Board shall make a written evaluation of the competence, experience, character, and integrity of each individual described in clause (i). (iii) Best interests The Board shall not approve a covered transaction if the Board determines that the competence, experience, character, or integrity of any individual described in clause (i) indicates that it would not be in the best interests of the shareholders of the bank holding company or in the best interests of the public to permit the individual to be employed by, or associated with, the resulting company. (iv) Publicly available The Board shall make any written evaluation described in clause (ii) publicly available after the date on which the Board approves or denies a covered transaction. (H) Competitive effects (i) Product markets In every case, the Board shall consider the competitive effects of the proposed transaction on the market for— (I) savings association deposits; (II) loans to small businesses, using data reported under the Community Reinvestment Act of 1977 for loans to small businesses with less than $1,000,000 in gross annual revenue, and any other data the Board deems appropriate to collect for this purpose; (III) home mortgage loans, using data reported under the Home Mortgage Disclosure Act of 1975 for first-lien mortgage loans for single family homes, and any other data the Board deems appropriate to collect for this purpose; and (IV) any other financial product that comprises a substantial portion of the activities of each bank or savings association involved in the proposed merger transaction, as determined by the Board. (ii) Geographic markets The Board shall consider the competitive effects of the proposed transaction on the product markets identified in clause (i) with respect to each of the following geographic markets: (I) Each State in which the resulting company would operate. (II) Each core-based statistical area in which the resulting company would operate. (III) Each county in which the resulting company would operate. (IV) Any other geographic area the Board deems appropriate. (I) Herfindahl-hirschman index threshold for heightened scrutiny (i) In general When evaluating the competitive effects of the proposed transaction, the Board shall apply higher scrutiny to any markets in which the transaction would result in a Herfindahl-Hirschman Index over 1800 and an increase of more than 200. (ii) Rule of construction Nothing in clause (i) may be construed as limiting the authority of the Board to apply higher scrutiny to any markets in which the transaction would result in an Herfindahl-Hirschman Index under 1800 or an increase of less than 200. (J) Additional considerations When evaluating the competitive effects of the proposed transaction, the Board shall consider the extent to which— (i) the resulting institution could receive a too big to fail subsidy; (ii) the proposed transaction could create or intensify conflicts of interest; (iii) the proposed transaction could diminish product quality, including consumer privacy and access to branch offices; (iv) the proposed transaction could lead to the exploitation of consumers’ data; (v) the proposed transaction could impair the resilience of the United States or global financial systems; (vi) common ownership of firms in the relevant markets could impair competition; (vii) the proposed transaction could impact wages and working standards in the relevant markets; (viii) the proposed transaction could create or amplify existing climate and environmental risks; and (ix) any other factors that the Board deems appropriate could impair competition. (9) Transparency (A) In general In any application under this section— (i) a company shall— (I) disclose whether any persons employed by, representing, or acting on behalf of the company have had verbal or written communications with the Board, a Federal reserve bank, or any other Federal regulatory agency regarding the proposal; and (II) identify the dates and the names of individuals involved in, and the content of, all communications in described in subclause (I); and (ii) the chief executive officer and chief legal officer of a company shall certify that no persons employed by, representing, or acting on behalf of the company asked for or received assurances from the Board, a Federal reserve bank, or any other Federal regulatory agency that the proposal would be approved of that there would be no barriers to such approval. (B) Updates A company shall update the disclosure and certification described in subparagraph (A) as needed within 2 business days of any communication that occurs before the Board makes a final decision on a proposal. (C) Publication The Board shall publish on the website of the Board the disclosure, certification, and any updates required under this paragraph within 1 business day of receipt. (10) Financial stability exception Notwithstanding paragraphs (8)(A), (8)(B), (8)(C), and (8)(E)(iii) of this subsection, if the Financial Stability Oversight Council determines by a 2/3 vote that a proposed acquisition, merger, or consolidation under this subsection is necessary to preserve the stability of the United States banking or financial system, the Board may approve such acquisition, merger, or consolidation. (11) Citizen standing (A) In general Not later than 10 days after the approval of an application under this section by the Board, or the denial of a request for reconsideration of such an application by the Board, an individual may file a civil action in the appropriate United States district court to review such approval, regardless of whether the individual submitted a comment or otherwise participated in the application process. (B) Consideration In any such action, the court shall review de novo the issues presented, consider the matter on an expedited basis, and issue a decision within 30 days. (C) Costs An individual who files a civil action under this paragraph may not be required to pay the costs of the Board or any party to the application that is the subject of the civil action. (D) Effect on application The proposed acquisition, merger, or consolidation that is the subject of a civil action under this paragraph may not be consummated until the court issues a final decision in such action. .
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II 117th CONGRESS 1st Session S. 2883 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Kaine (for himself and Mr. Warner ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to allow rehabilitation expenditures for public school buildings to qualify for rehabilitation credit.
1. Short title This Act may be cited as the School Infrastructure Modernization Act of 2021 . 2. Qualification of rehabilitation expenditures for public school buildings for rehabilitation credit (a) In general Section 47(c)(2)(B)(v) of the Internal Revenue Code of 1986 is amended by adding at the end the following new subclause: (III) Clause not to apply to public schools This clause shall not apply in the case of the rehabilitation of any building which was used as a qualified public educational facility (as defined in section 142(k)(1), determined without regard to subparagraph (B) thereof) at any time during the 5-year period ending on the date that such rehabilitation begins and which is used as such a facility immediately after such rehabilitation. . (b) Report Not later than the date which is 5 years after the date of the enactment of this Act, the Secretary of the Treasury, after consultation with the heads of appropriate Federal agencies, shall report to Congress on the effects resulting from the amendment made by subsection (a), including— (1) the number of qualified public education facilities rehabilitated (stated separately with respect to each State) and the number of students using such facilities (stated separately with respect to each such State); (2) the number of qualified public education facilities rehabilitated in low-income communities (as defined in section 45D(e)(1) of the Internal Revenue Code of 1986) and the number of students using such facilities; (3) the amount of qualified rehabilitation expenditures for each qualified public education facility rehabilitated; and (4) and any other data determined by the Secretary to be useful in evaluating the impact of such amendment. (c) Effective date The amendment made by this section shall apply to property placed in service after December 31, 2021.
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II 117th CONGRESS 1st Session S. 2884 IN THE SENATE OF THE UNITED STATES September 29, 2021 Ms. Hirono (for herself and Mr. Schatz ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to provide research and extension grants to combat plant pests and noxious weeds that impact coffee plants, and for other purposes.
1. Short title This Act may be cited as the Coffee Plant Health Initiative Amendments Act . 2. Coffee plant health initiative (a) In general Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(d) ) is amended by striking paragraph (9) and inserting the following: (9) Coffee plant health initiative (A) In general Research and extension grants may be made under this section for the purposes of— (i) developing and disseminating science-based tools and treatments to combat plant pests and noxious weeds that impact coffee plants; (ii) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, plant pests or noxious weeds that impact coffee plants; (iii) surveying and collecting data on coffee plant production and health; (iv) investigating coffee plant biology, immunology, ecology, genomics, and bioinformatics; and (v) conducting research on— (I) factors that may contribute to or be associated with coffee plant immune systems; (II) other serious threats to coffee plants, including the sublethal effects of insecticides, herbicides, and fungicides on insects and plants beneficial to coffee plant growth; and (III) the development of mitigating and preventative measures to improve habitat conservation and best management practices in coffee-growing regions. (B) Definition of noxious weed; plant pest In this paragraph, the terms noxious weed and plant pest have the meanings given those terms in section 403 of the Plant Protection Act ( 7 U.S.C. 7702 ). . (b) Authorization of appropriations Section 1672(h) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(h) ) is amended by striking 2023 and inserting 2033 .
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II 117th CONGRESS 1st Session S. 2885 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Schatz (for himself and Ms. Hirono ) introduced the following bill; which was read twice and referred to the Committee on Agriculture, Nutrition, and Forestry A BILL To amend the Food, Agriculture, Conservation, and Trade Act of 1990 to modify the macadamia tree health initiative, and for other purposes.
1. Short title This Act may be cited as the Macadamia Tree Health Initiative Amendments Act . 2. Macadamia tree health initiative Section 1672(d) of the Food, Agriculture, Conservation, and Trade Act of 1990 ( 7 U.S.C. 5925(d) ) is amended by striking paragraph (11) and inserting the following: (11) Macadamia tree health initiative (A) Definitions In this paragraph, the terms noxious weed and plant pest have the meanings given those terms in section 403 of the Plant Protection Act ( 7 U.S.C. 7702 ). (B) High-priority research and extension Research and extension grants may be made under this section for the purposes of— (i) developing and disseminating science-based tools and treatments to combat plant pests and noxious weeds that impact macadamia trees; (ii) establishing an areawide integrated pest management program in areas affected by, or areas at risk of being affected by, invasive plant pests or noxious weeds; (iii) surveying and collecting data on macadamia tree production and health; (iv) investigating macadamia tree biology, immunology, ecology, genomics, and bioinformatics; and (v) conducting research on various factors that may contribute to or be associated with macadamia tree immune systems, and other serious threats to macadamia trees, including— (I) the sublethal effects of insecticides, herbicides, and fungicides on beneficial insects and plants to macadamia tree growth; and (II) the development of mitigative and preventative measures to improve habitat conservation and best management practices in macadamia tree growing regions. (C) Authorization of appropriations There are authorized to be appropriated to carry out this paragraph such sums as are necessary for each of fiscal years 2022 through 2033. .
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II 117th CONGRESS 1st Session S. 2886 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Barrasso introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend title 54, United States Code, to authorize the donation and distribution of capes, horns, and antlers from wildlife management activities carried out on National Park System land.
1. Short title This Act may be cited as the Cape and Antler Preservation Enhancement Act or the CAPE Act . 2. Donation and distribution of meat, capes, horns, and antlers from wildlife management activities on National Park System land Section 104909(c) of title 54, United States Code, is amended— (1) by inserting , capes, hides, horns, and antlers after distribution of meat ; (2) by striking food banks, and other organizations and inserting and, in the case of meat, food banks and other organizations ; and (3) by inserting , including giving priority consideration to qualified volunteers that participated in the wildlife management activity after may require .
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II 117th CONGRESS 1st Session S. 2887 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Padilla (for himself, Ms. Collins , Mr. Schumer , Mr. Booker , Mr. Hickenlooper , Ms. Rosen , Ms. Smith , Mr. King , Mrs. Feinstein , Mr. Blumenthal , Mr. Murphy , Mr. Wyden , Mrs. Murray , Mr. Van Hollen , Mr. Ossoff , Mrs. Gillibrand , Ms. Klobuchar , Ms. Baldwin , Mr. Markey , Mr. Peters , Ms. Warren , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To codify the existing Outdoor Recreation Legacy Partnership Program of the National Park Service, and for other purposes.
1. Short title This Act may be cited as the Outdoors for All Act . 2. Definitions In this Act: (1) Eligible entity The term eligible entity means an entity that represents or otherwise serves a qualifying area. (2) Eligible nonprofit organization The term eligible nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such code. (3) Entity The term entity means— (A) a State; (B) a political subdivision of a State, including— (i) a city; (ii) a county; and (iii) a special purpose district that manages open space, including a park district; and (C) an Indian Tribe or Alaska Native or Native Hawaiian community or organization. (4) Indian tribe The term Indian Tribe has the meaning given the term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). (5) Low-income community The term low-income community means any census block group in which 30 percent or more of the population are individuals with an annual household equal to, or less than, the greater of— (A) an amount equal to 80 percent of the median income of the area in which the household is located, as reported by the Department of Housing and Urban Development; and (B) an amount equal to 200 percent of the Federal poverty line. (6) Outdoor recreation legacy partnership program The term Outdoor Recreation Legacy Partnership Program means the program established under section 3(a). (7) Qualifying area The term qualifying area means— (A) an area that has a population of 30,000 or more in the most recent census; or (B) an area administered by an Indian Tribe or an Alaska Native or Native Hawaiian community organization. (8) Secretary The term Secretary means the Secretary of the Interior. (9) State The term State means each of the several States, the District of Columbia, and each territory of the United States. 3. Grants authorized (a) Establishment of program (1) In general The Secretary shall establish an outdoor recreation legacy partnership program under which the Secretary may award grants to eligible entities for projects— (A) to acquire land and water for parks and other outdoor recreation purposes in qualifying areas; and (B) to develop new or renovate existing outdoor recreation facilities that provide outdoor recreation opportunities to the public in qualifying areas. (2) Priority In awarding grants to eligible entities under paragraph (1), the Secretary shall give priority to projects that— (A) create or significantly enhance access to park and recreational opportunities in an urban neighborhood or community; (B) engage and empower underserved communities and youth; (C) provide employment or job training opportunities for youth or underserved communities; (D) establish or expand public-private partnerships, with a focus on leveraging resources; and (E) take advantage of coordination among various levels of government. (b) Matching requirement (1) In general As a condition of receiving a grant under subsection (a), an eligible entity shall provide matching funds in the form of cash or an in-kind contribution in an amount equal to not less than 100 percent of the amounts made available under the grant. (2) Waiver The Secretary may waive all or part of the matching requirement under paragraph (1) if the Secretary determines that— (A) no reasonable means are available through which the eligible entity can meet the matching requirement; and (B) the probable benefit of the project outweighs the public interest in the matching requirement. (3) Administrative expenses Not more than 10 percent of funds provided to an eligible entity under a grant awarded under subsection (a) may be used for administrative expenses. (c) Considerations In awarding grants to eligible entities under subsection (a), the Secretary shall consider the extent to which a project would— (1) provide recreation opportunities in underserved communities in which access to parks is not adequate to meet local needs; (2) provide opportunities for outdoor recreation and public land volunteerism; (3) support innovative or cost-effective ways to enhance parks and other recreation— (A) opportunities; or (B) delivery of services; (4) support park and recreation programming provided by cities, including cooperative agreements with community-based eligible nonprofit organizations; and (5) develop Native American event sites and cultural gathering spaces. (d) Eligible uses (1) In general Subject to paragraph (2), a grant recipient may use a grant awarded under subsection (a) for a project described in paragraph (1) or (2) of that subsection. (2) Limitations on use A grant recipient may not use grant funds for— (A) incidental costs related to land acquisition, including appraisal and titling; (B) operation and maintenance activities; (C) facilities that support semiprofessional or professional athletics; (D) indoor facilities, such as recreation centers or facilities that support primarily non-outdoor purposes; or (E) acquisition of land or interests in land that restrict access to specific persons. 4. National park service requirements In carrying out the Outdoor Recreation Legacy Partnership Program, the Secretary shall— (1) conduct an initial screening and technical review of applications received; (2) evaluate and score all qualifying applications; and (3) provide culturally and linguistically appropriate information to eligible entities (including low-income communities and eligible entities serving low-income communities) on— (A) the opportunity to apply for grants under this Act; (B) the application procedures by which eligible entities may apply for grants under this Act; and (C) eligible uses for grants under this Act. 5. Reporting (a) Annual reports Not later than 30 days after the last day of each report period, each State lead agency that receives a grant under this Act shall annually submit to the Secretary performance and financial reports that— (1) summarize project activities conducted during the report period; and (2) provide the status of the project. (b) Final reports Not later than 90 days after the earlier of the date of expiration of a project period or the completion of a project, each State lead agency that receives a grant under this Act shall submit to the Secretary a final report containing such information as the Secretary may require. 6. Revenue sharing (a) In general Section 105(a)(2)(B) of the Gulf of Mexico Energy Security Act of 2006 ( 43 U.S.C. 1331 note; Public Law 109–432 ) is amended by inserting before the period at the end , of which 25 percent shall be used by the Secretary of the Interior to provide grants under the Outdoors for All Act . (b) Supplement not supplant Amounts made available to the Outdoor Recreation Legacy Partnership Program as a result of the amendment made by subsection (a) shall supplement and not supplant any other Federal funds made available to carry out the Outdoor Recreation Legacy Partnership Program.
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II 117th CONGRESS 1st Session S. 2888 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mrs. Feinstein introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To reduce passenger, crewmember, and airport personnel risk of exposure to COVID–19, decrease the risk of transmission of COVID–19 on board aircraft and to United States destination communities through air travel, and protect children and other vulnerable individuals by preventing further spread of COVID–19 in the United States.
1. Short title This Act may be cited as the U.S. Air Travel Public Safety Act . 2. Domestic air transportation within the United States (a) Travel requirement The Secretary of Health and Human Services (referred to in this section as the Secretary ), in consultation with the Federal Aviation Administration, shall develop national vaccination verification standards and procedures in accordance with this section. Such standards and procedures shall require that all covered air carriers require that, before any passenger may board an aircraft for a covered flight, such passenger shall— (1) provide the covered air carrier with documentation demonstrating that the passenger is fully vaccinated (as defined by the Secretary or any successor guidance) against the COVID–19 (SARS–CoV–2) novel coronavirus; or (2) attest under penalty of perjury that the passenger has adhered to the international travel recommendations and requirements for individuals who are not fully vaccinated (issued by the Centers for Disease Control and Prevention) prior to boarding, including requirements to provide proof of a negative pre-departure qualifying test result for SARS–CoV–2 or, alternatively, written or electronic documentation of recovery from COVID–19 after previous SARS–CoV–2 infection, in accordance with the Centers for Disease Control and Prevention’s testing requirements and applicable guidance. (b) Regulations (1) In general The Secretary shall promulgate interim final rules to ensure that the standards and procedures developed under subsection (a) are applied to covered air carriers beginning on the date that is not later than 30 days after the date of enactment of this Act. (2) Exception The interim final rules promulgated under paragraph (1) shall include a list of those categories of individuals and organizations that are exempt from the standards and procedures developed under this section. Such list shall be developed by the Secretary in accordance with the Centers for Disease Control and Prevention’s applicable guidance. (c) Definitions In this section: (1) Air carrier The term air carrier has the meaning given that term in section 40102 of title 49, United States Code. (2) Aircraft The term aircraft has the meaning given that term in section 40102 of title 49, United States Code. (3) Airport The term airport has the meaning given that term in section 40102 of title 49, United States Code. (4) Attest; attestation The terms attest and attestation with respect to a passenger mean the passenger having completed the attestation described in this section. Such attestation may be completed in written or electronic form. The attestation is a statement, writing, entry, or other representation under section 1001 of title 18, United States Code. (5) Covered air carrier The term covered air carrier means— (A) any air carrier engaged in passenger-carrying operations; or (B) any foreign air carrier authorized to engage in passenger-carrying operations. (6) Covered flight The term covered flight means a flight of a covered carrier that is scheduled to depart from, and arrive at, an airport located in the United States. (7) Documentation of recovery The term documentation of recovery with respect to a passenger means a confirmation that— (A) the passenger has presented documentation of a positive test result and a signed letter on official letterhead that contains the name, address, and phone number of a licensed health care provider or public health official stating that the passenger has been cleared for travel; (B) the positive test result occurred within the last three months (90 days) preceding the passenger’s flight in the United States, or at such other intervals as specified in guidance issued by the Secretary; (C) the personal identifiers (including the name and date of birth) on the positive test result and signed letter match the personal identifiers on the passenger’s passport or other travel documents; (D) the test performed was a viral test; and (E) the test result states POSITIVE , SARS–CoV–2 RNA DETECTED , SARS–CoV–2 ANTIGEN DETECTED , or COVID–19 DETECTED . A test marked invalid is not acceptable. (8) Foreign air carrier The term foreign air carrier has the meaning given that term in section 40102 of title 49, United States Code. (9) Qualifying test result The term qualifying test result with respect to a passenger means confirmation that— (A) the personal identifiers (including the name and date of birth) on the negative Qualifying Test result match the personal identifiers on the passenger’s passport or other travel documents; (B) the specimen was collected within the 3 days (or a lesser number of days if determined appropriate by the Secretary) preceding the flight’s departure; (C) the test performed was a viral test; and (D) the test result states NEGATIVE , SARS–CoV–2 RNA NOT DETECTED , SARS–CoV–2 ANTIGEN NOT DETECTED , or COVID–19 NOT DETECTED . A test marked invalid is not acceptable. (10) United States The term United States has the meaning given that term in section 40102 of title 49, United States Code. 3. Recommendations for COVID–19 vaccine use Not later than 30 days after the date of enactment of this Act, the Advisory Committee on Immunization Practices of the Centers for Disease Control and Prevention shall review data on the transmission of COVID–19 in health care settings and among health care personnel in other settings, and develop and make recommendations for COVID–19 vaccine use on the basis of transmission in health care settings and among health care personnel in other settings.
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II 117th CONGRESS 1st Session S. 2889 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Cornyn (for himself and Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the Committee on Small Business and Entrepreneurship A BILL To amend the Consolidated Appropriations Act, 2021 to address the timing for the use of funds with respect to grants made to shuttered venue operators.
1. Short title This Act may be cited as the Save Our Stages Extension Act . 2. Grants for shuttered venue operators Section 324(d) of title III of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ) is amended by striking paragraph (1) and inserting the following: (1) Timing (A) Expenses incurred Amounts received under a grant under this section may be used for costs incurred during the period beginning on March 1, 2020, and ending on March 11, 2023. (B) Expenditure An eligible person or entity shall return to the Administrator any amounts received under a grant under this section that are not expended on or before April 15, 2023, with respect to costs incurred during the period described in subparagraph (A). .
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II 117th CONGRESS 1st Session S. 2890 IN THE SENATE OF THE UNITED STATES September 29, 2021 Ms. Rosen (for herself, Ms. Murkowski , 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 allow participants in the National Health Service Corps to defer their obligated service in order to receive training in palliative care services.
1. Short title This Act may be cited as the Provider Training in Palliative Care Act . 2. Deferral of obligated services for training in palliative care Section 331 of the Public Health Service Act ( 42 U.S.C. 254d ) is amended— (1) by redesignating subsection (j) as subsection (k); and (2) by inserting after subsection (i) the following: (j) In carrying out subpart III, the Secretary may issue deferrals of the period of obligated service to individuals who have entered into a contract for obligated service under the Scholarship Program or the Loan Repayment Program and who apply for such a deferral in order to receive training in palliative care. The Secretary may grant such a deferral to such an individual for a period of up to 1 year. .
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II 117th CONGRESS 1st Session S. 2891 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Leahy (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 35, United States Code, to address matters relating to the Patent Trial and Appeal Board of the United States Patent and Trademark Office, and for other purposes.
1. Short title This Act may be cited as the Restoring the America Invents Act . 2. Patents Title 35, United States Code, is amended— (1) in section 6— (A) in subsection (c)— (i) in the second sentence, by striking Only the and inserting The ; and (ii) by adding at the end the following: After the constitution of a panel of the Patent Trial and Appeal Board under this subsection has been made public, any changes to the constitution of that panel shall be noted in the record. ; (B) by redesignating subsection (d) as subsection (e); (C) by inserting after subsection (c) the following: (d) Review by Director (1) In general With respect to a final decision of the Patent Trial and Appeal Board— (A) the Director may, on the initiative of the Director, review, and modify or set aside, the decision; and (B) if the decision is issued under section 318 or 328, a party to the applicable inter partes or post-grant review may request that the Director review, and modify or set aside, the decision. (2) Requirement Any review by the Director under paragraph (1) shall be issued in a separate written opinion that— (A) is made part of the public record; and (B) sets forth the reasons for the review, modification, or setting aside of the final decision of the Patent Trial and Appeal Board. (3) Timeline and bases for review Not later than 18 months after the date of enactment of the Restoring the America Invents Act , the Director shall promulgate rules addressing the following issues: (A) With respect to review of a decision on the initiative of the Director under paragraph (1)(A)— (i) the timeline under which the Director may review the decision, which shall be consistent with the requirements under section 318(e) or 328(e), if applicable; and (ii) the bases on which the Director may review the decision. (B) With respect to a request by a party under paragraph (1)(B)— (i) the timeline for submitting such a request; (ii) the content that the party is required to include in such a request; (iii) the bases on which the party may submit such a request; and (iv) the timeline for any response or reply to such a request such that the request can be decided within the deadline imposed under section 318(e) or 328(e), as applicable. (4) Rule of construction For the purposes of an appeal permitted under section 141, any decision on review issued by the Director under this subsection shall be deemed a final decision of the Patent Trial and Appeal Board. ; and (D) in subsection (e), as so redesignated— (i) in the first sentence— (I) by striking of this subsection and inserting of the Restoring the America Invents Act ; (II) by inserting or the Secretary after appointment by the Director ; and (III) by inserting or the Secretary, as applicable, after on which the Director ; and (ii) in the second sentence— (I) by inserting , or, before the date of enactment of the Restoring the America Invents Act , having performed duties no longer performed by administrative patent judges, after by the Director ; and (II) by striking that the administrative patent judge so appointed and inserting that the applicable administrative patent judge ; (2) in section 302, in the first sentence, by inserting , including a governmental entity, after A person ; (3) in chapter 31— (A) in section 311— (i) in subsection (a), in the first sentence, by inserting , including a governmental entity, after a person ; and (ii) in subsection (b), by striking under section 102 and all that follows through the period at the end and inserting the following: “under— (1) section 102 or 103 and only on the basis of— (A) prior art consisting of patents or printed publications; or (B) admissions in the patent specification, drawings, or claims; or (2) statutory or obviousness-type double patenting on the basis of— (A) patents or printed publications; or (B) admissions in the patent specification, drawings, or claims. ; (B) in section 314— (i) in subsection (a), by striking The Director may not authorize an inter partes review to be instituted unless and inserting the following: Subject only to the discretion of the Director under section 325(d)(4), a petition that meets the requirements of this chapter shall be instituted if ; and (ii) in subsection (d)— (I) by inserting or maintain after to institute ; and (II) by striking section and inserting chapter ; (C) in section 315— (i) in subsection (a)(1)— (I) by striking An inter partes and inserting the following: (A) In general An inter partes ; and (II) by adding at the end the following: (B) Rule of construction Subparagraph (A) may not be construed to prevent an inter partes review from being instituted if a complaint in a civil action described in that subparagraph has been dismissed without prejudice. ; (ii) by striking subsection (b) and inserting the following: (b) Patent owner’s action (1) In general An inter partes review may not be instituted if the petition requesting the proceeding is filed more than 1 year after the date on which the petitioner, real party in interest, or privy of the petitioner is served with a complaint alleging infringement of the patent. The time limitation set forth in the preceding sentence shall be subject to the following limitations: (A) The time limitation shall not apply— (i) to a request for joinder under subsection (c); or (ii) if the complaint is dismissed without prejudice. (B) If new or amended claims issue from reexamination after the petitioner, real party in interest, or privy of the petitioner is served with the complaint, an inter partes review of those claims may be instituted if the petition requesting the review is filed not later than 1 year after the date on which the challenged claims are asserted in the action. (2) Request for stay (A) In general If a party seeks a stay of a civil action brought under section 281 alleging infringement of a patent that is also subject to an inter partes review, the court shall decide whether to stay the civil action based on whether— (i) the outcome of the inter partes review will likely simplify the issues in question in the civil action and streamline the proceedings in the civil action; (ii) as of the date on which the stay is requested, discovery in the civil action is complete; (iii) a stay, or the denial thereof, would— (I) unduly prejudice the nonmoving party; or (II) present a clear tactical advantage for the moving party; and (iv) a stay, or the denial thereof, will reduce the burden of litigation on the parties to the civil action and the court. (B) Review A party may take an immediate interlocutory appeal from the decision of a district court of the United States under subparagraph (A). The United States Court of Appeals for the Federal Circuit shall review the district court’s decision to ensure consistent application of established precedent, and such review shall be de novo. ; (iii) in subsection (c)— (I) by striking If the Director and inserting the following: (1) In general If the Director ; and (II) by adding at the end the following: (2) Estoppel Any person joined as a party to an inter partes review, and any real party in interest or privy of such person, shall be estopped under subsection (e) to the same extent as if that person, real party in interest, or privy had been the first petitioner in that inter partes review. ; (iv) by striking subsection (d) and inserting the following: (d) Multiple proceedings (1) In general Notwithstanding sections 135(a), 251, and 252, and chapter 30, during the pendency of an inter partes review, if another proceeding or matter involving the patent is before the Office, or if there is a pending application claiming the benefit of a common filing date to the patent under section 120 or 121— (A) the parties shall notify the Director; and (B) the Director shall issue a decision determining the manner in which the other proceeding or matter may proceed, including providing for stay, transfer, consolidation, or termination of any such proceeding or matter. (2) No extension A decision of the Director under paragraph (1)(B) may not— (A) extend any statutory deadline under this chapter; or (B) terminate an inter partes proceeding in favor of an ex parte proceeding. (3) Presumption For the purposes of this subsection, if the multiple proceedings described in paragraph (1) are of like type and are filed reasonably close in time, there shall be a rebuttable presumption that the Director shall consolidate the proceedings under that paragraph. ; and (v) in subsection (e)— (I) in paragraph (1)— (aa) by striking The petitioner in and inserting the following: (A) Estoppel against petitioner The petitioner in ; (bb) in subparagraph (A), as so designated, by inserting , after the time for appeal of the decision has expired or any such appeal has terminated, after may not ; and (cc) by adding at the end the following: (B) Estoppel against patent owner The Office may not issue to a patent owner any claim that is not patentably distinct from a claim that was issued and was subsequently— (i) found to be unpatentable; or (ii) canceled in any proceeding before the Office, including under section 135, 251, 253, 301, 311, or 321. ; and (II) in paragraph (2)— (aa) by inserting that the claim is not unpatentable after section 318(a) ; (bb) by inserting , after the time for appeal of the decision has expired or any such appeal has terminated, after may not ; and (cc) by inserting or 1498 after section 1338 ; (D) in section 316— (i) in subsection (a)(11), by inserting or consolidation under section 315(d) after under section 315(c) ; (ii) in subsection (c)— (I) by striking The Patent and inserting the following: (1) In general The Patent ; and (II) by adding at the end the following: (2) Ex parte communication An officer who has review authority, supervisory authority, or disciplinary authority with respect to an administrative patent judge of the Patent Trial and Appeal Board (or a delegate of such an officer), and who is not a member of a panel described in section 6(c), shall refrain from ex parte communication with such a judge who is a member of that panel concerning any pending matter before that panel, except as allowed under the Code of Conduct for United States Judges. ; and (iii) in subsection (e)— (I) by striking In an and inserting the following: (1) In general In an ; (II) in paragraph (1), as so designated, by inserting of challenged patent claims after unpatentability ; and (III) by adding at the end the following: (2) Claim amendment For any substitute claim proposed under subsection (d)— (A) the patent owner shall have the burden of proving patentability, including under sections 101, 102, 103, and 112, by a preponderance of the evidence; (B) the Patent Trial and Appeal Board shall— (i) examine the substitute claim; or (ii) notwithstanding subsection (c)(2), refer the substitute claim to the Director, who shall cause an examination of the substitute claim to be made within the time limits for the applicable inter partes review; and (C) the Director may establish, by regulation, fees for examination of the substitute claim in such amounts as the Director determines to be reasonable, taking into consideration the aggregate costs of examination. ; (E) in section 318— (i) in subsection (b), by inserting , not later than 60 days after the date on which the parties to the inter partes review have informed the Director that the time for appeal has expired or any appeal has terminated, after the Director shall ; and (ii) by adding at the end the following: (e) Rehearing Not later than 120 days after the date on which the Patent Trial and Appeal Board issues a final written decision under subsection (a), the Board or the Director shall finally decide any request for reconsideration, rehearing, or review that is submitted with respect to the decision, except that the Director may, for good cause shown, extend that 120-day period by not more than 60 days. ; and (F) in section 319— (i) in the first sentence, by striking A party and inserting the following: (a) In general A party ; and (ii) by adding at the end the following: (b) Standing (1) Injury in fact For the purposes of an appeal described in subsection (a), injury in fact shall be presumed if the party appealing the decision— (A) reasonably expects that another person will assert estoppel against the party under section 315(e) as a result of the final written decision that is the subject of the appeal; or (B) suffers any other concrete and particularized injury that— (i) is fairly traceable to the final written decision that is the subject of the appeal; and (ii) could be redressed through appellate review. (2) Estoppel If a court finds that a party lacks standing to bring an appeal described in subsection (a) under article III of the Constitution of the United States, that party shall not be estopped under section 315(e) with respect to the underlying inter partes review. ; and (4) in chapter 32— (A) in section 321(a), by inserting , including a governmental entity, after a person ; (B) in section 324— (i) in subsection (a), by striking The Director may not authorize a post-grant review to be instituted unless and inserting the following: Subject only to the discretion of the Director under section 325(d)(4), a petition filed under section 321 that meets the requirements of this chapter shall be instituted if ; and (ii) in subsection (e)— (I) by inserting or maintain after to institute ; and (II) by striking section and inserting chapter ; (C) in section 325— (i) in subsection (a)— (I) in the subsection heading, by striking Infringer’s Civil Action and inserting Civil action ; and (II) by adding at the end the following: (4) Request for stay (A) In general If a party seeks a stay of a civil action brought under section 281 alleging infringement of a patent that is also subject to a post-grant review, the court shall decide whether to stay the civil action based on whether— (i) the outcome of the post-grant review will likely simplify the issues in question in the civil action and streamline the proceedings in the civil action; (ii) as of the date on which the stay is requested, discovery in the civil action is complete; (iii) a stay, or the denial thereof, would— (I) unduly prejudice the nonmoving party; or (II) present a clear tactical advantage for the moving party; and (iv) a stay, or the denial thereof, will reduce the burden of litigation on the parties to the civil action and the court. (B) Review A party may take an immediate interlocutory appeal from the decision of a district court of the United States under subparagraph (A). The United States Court of Appeals for the Federal Circuit shall review the district court’s decision to ensure consistent application of established precedent, and such review shall be de novo. ; (ii) in subsection (c)— (I) by striking If more and inserting the following: (1) In general If more ; and (II) by adding at the end the following: (2) Estoppel Any person joined as a party to a post-grant review, and any real party in interest or privy of such person, shall be estopped under subsection (e) to the same extent as if that person, real party in interest, or privy had been the first petitioner in that post-grant review. ; (iii) by striking subsection (d) and inserting the following: (d) Multiple proceedings (1) In general Notwithstanding sections 135(a), 251, and 252, and chapter 30, during the pendency of any post-grant review under this chapter, if another proceeding or matter involving the patent is before the Office, or if there is a pending application claiming the benefit of a common filing date to the patent under section 120 or 121— (A) the parties shall notify the Director; and (B) the Director shall issue a decision determining the manner in which the other proceeding or matter may proceed, including providing for stay, transfer, consolidation, or termination of any such proceeding or matter. (2) No extension A decision of the Director under paragraph (1)(B) may not— (A) extend any statutory deadline under this chapter; or (B) terminate an inter partes proceeding in favor of an ex parte proceeding. (3) Presumption For the purposes of this subsection, if the multiple proceedings described in paragraph (1) are of like type and are filed reasonably close in time, there shall be a rebuttable presumption that the Director shall consolidate the proceedings under that paragraph. (4) Considerations In determining whether to institute or order a proceeding under this chapter, chapter 30, or chapter 31, the Director may take into account whether, and reject the petition or request because, the same or substantially the same prior art or arguments previously were presented to the Office. ; and (iv) in subsection (e)— (I) in paragraph (1)— (aa) by striking The petitioner in and inserting the following: (A) Estoppel against petitioner The petitioner in ; (bb) in subparagraph (A), as so designated, by inserting , after the time for appeal of the decision has expired or any such appeal has terminated, after may not ; and (cc) by adding at the end the following: (B) Estoppel against patent owner The Office may not issue to a patent owner any claim that is not patentably distinct from a claim that was issued and was subsequently— (i) found to be unpatentable; or (ii) canceled in any proceeding before the Office, including under section 135, 251, 253, 301, 311, or 321. ; and (II) in paragraph (2)— (aa) by inserting that the claim is not unpatentable after section 328(a) ; (bb) by inserting , after the time for appeal of the decision has expired or any such appeal has terminated, after may not ; and (cc) by inserting or 1498 after section 1338 ; (D) in section 326— (i) in subsection (a)(11), by inserting or consolidation under section 325(d) after under section 325(c) ; (ii) in subsection (c)— (I) by striking The Patent and inserting the following: (1) In general The Patent ; and (II) by adding at the end the following: (2) Ex parte communication An officer who has review authority, supervisory authority, or disciplinary authority with respect to an administrative patent judge of the Patent Trial and Appeal Board (or a delegate of such an officer), and who is not a member of a panel described in section 6(c), shall refrain from ex parte communication with such a judge who is a member of that panel concerning any pending matter before that panel, except as allowed under the Code of Conduct for United States Judges. ; and (iii) in subsection (e)— (I) by striking In a and inserting the following: (1) In general In a ; (II) in paragraph (1), as so designated, by inserting of challenged patent claims after unpatentability ; and (III) by adding at the end the following: (2) Claim amendment For any substitute claim proposed under subsection (d)— (A) the patent owner shall have the burden of proving patentability, including under sections 101, 102, 103, and 112, by a preponderance of the evidence; (B) the Patent Trial and Appeal Board shall— (i) examine the substitute claim; or (ii) notwithstanding subsection (c)(2), refer the substitute claim to the Director, who shall cause an examination of the substitute claim to be made within the time limits for the applicable inter partes review; and (C) the Director may establish, by regulation, fees for examination of the substitute claim in such amounts as the Director determines to be reasonable, taking into consideration the aggregate costs of examination. ; (E) in section 328— (i) in subsection (b), by inserting not later than 60 days after the date on which the parties to the post-grant review have informed the Director that the time for appeal has expired or any appeal has terminated, after the Director shall ; and (ii) by adding at the end the following: (e) Rehearing Not later than 120 days after the date on which the Patent Trial and Appeal Board issues a final written decision under subsection (a), the Board or the Director shall finally decide any request for reconsideration, rehearing, or review that is submitted with respect to the decision, except that the Director may, for good cause shown, extend that 120-day period by not more than 60 days. ; and (F) in section 329— (i) in the first sentence, by striking A party and inserting the following: (a) In general A party ; and (ii) by adding at the end the following: (b) Standing (1) Injury in fact For the purposes of an appeal described in subsection (a), injury in fact shall be presumed if the party appealing the decision— (A) reasonably expects that another person will assert estoppel against the party under section 325(e) as a result of the final written decision that is the subject of the appeal; or (B) suffers any other concrete and particularized injury that— (i) is fairly traceable to the final written decision that is the subject of the appeal; and (ii) could be redressed through appellate review. (2) Estoppel If a court finds that a party lacks standing to bring an appeal described in subsection (a) under article III of the Constitution of the United States, that party shall not be estopped under section 325(e) with respect to the underlying post-grant review. .
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II 117th CONGRESS 1st Session S. 2892 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Warner introduced the following bill; which was read twice and referred to the Committee on Appropriations A BILL To provide for continuing appropriations in the event of a lapse in appropriations under the normal appropriations process, other than for the legislative branch and the Executive Office of the President.
1. Short title This Act may be cited as the Stop the Shutdowns Transferring Unnecessary Pain and Inflicting Damage In The coming Years Act . 2. Automatic continuing appropriations (a) In general Chapter 13 of title 31, United States Code, is amended by adding at the end the following: 1311. Automatic continuing appropriations (a) In this section, the term excluded account means an appropriation account— (1) for any agency, office, or other entity in or under the legislative branch; or (2) for any agency, office, or other entity in or under the Executive Office of the President. (b) (1) (A) If an appropriation Act for a fiscal year with respect to the account for a program, project, or activity has not been enacted and continuing appropriations are not in effect during any period during such fiscal year with respect to the program, project, or activity, there are appropriated such sums as may be necessary to continue, at the rate for operations specified in subparagraph (B), the program, project, or activity if— (i) the program, project, or activity is not funded under an excluded account; and (ii) funds were provided for the program, project, or activity during the preceding fiscal year. (B) The rate for operations specified in this subparagraph with respect to a program, project, or activity— (i) is the rate for operations for the preceding fiscal year for the program, project, or activity— (I) provided in the corresponding appropriation Act for such preceding fiscal year; or (II) if the corresponding appropriation bill for such preceding fiscal year was not enacted, provided in the law providing continuing appropriations for such preceding fiscal year; or (ii) if the corresponding appropriation bill and a law providing continuing appropriations for such preceding fiscal year were not enacted, is the rate for operations for the preceding fiscal year for the program, project, or activity provided under this section for such preceding fiscal year, as increased by the percentage increase, if any, in the gross domestic product for the calendar year ending during such preceding fiscal year as compared to the gross domestic product for the calendar year before such calendar year. (2) Appropriations and funds made available, and authority granted, for any fiscal year pursuant to this section for a program, project, or activity shall be available for the period beginning with the first day of any lapse in appropriations during such fiscal year and ending with the date on which the applicable regular appropriation bill for such fiscal year is enacted (whether or not such law provides appropriations for such program, project, or activity) or a law making continuing appropriations for the program, project, or activity is enacted, as the case may be. (c) An appropriation or funds made available, or authority granted, for a program, project, or activity for any fiscal year pursuant to this section shall be subject to the terms and conditions imposed with respect to the appropriation made or funds made available for the preceding fiscal year, or authority granted for such program, project, or activity under current law. (d) Expenditures made for a program, project, or activity for any fiscal year pursuant to this section shall be charged to the applicable appropriation, fund, or authorization whenever a regular appropriation Act, or a law making continuing appropriations until the end of such fiscal year, for such program, project, or activity is enacted. (e) This section shall not apply to a program, project, or activity during a fiscal year if any other provision of law (other than an authorization of appropriations)— (1) makes an appropriation, makes funds available, or grants authority for such program, project, or activity to continue for such period; or (2) specifically provides that no appropriation shall be made, no funds shall be made available, or no authority shall be granted for such program, project, or activity to continue for such period. . (b) Clerical amendment The table of sections for chapter 13 of title 31, United States Code, is amended by adding at the end the following: 1311. Automatic continuing appropriations. .
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117-s-2893
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II 117th CONGRESS 1st Session S. 2893 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Kelly (for himself and Ms. Sinema ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To require the Secretary of Agriculture to convey the Pleasant Valley Ranger District Administrative Site to Gila County, Arizona.
1. Conveyance of Pleasant Valley Ranger District Administrative Site to Gila County, Arizona (a) Definitions In this section: (1) County The term County means Gila County, Arizona. (2) Map The term map means the map entitled Pleasant Valley Admin Site Proposal and dated September 24, 2021. (3) Secretary The term Secretary means the Secretary of Agriculture, acting through the Chief of the Forest Service. (b) Conveyance required Subject to this section, if the County submits to the Secretary a written request for conveyance of the property described in subsection (c) not later than 180 days after the date of enactment of this Act, the Secretary shall convey to the County all right, title, and interest of the United States in and to the property described in subsection (c). (c) Property described (1) In general The property referred to in subsection (b) is the parcel of real property, including all land and improvements, generally depicted as Gila County Area on the map, consisting of approximately 232.9 acres of National Forest System land located in the Tonto National Forest in Arizona. (2) Map (A) Minor errors The Secretary may correct minor errors in the map. (B) Availability A copy of the map shall be on file and available for public inspection in the appropriate offices of the Forest Service. (3) Survey The exact acreage and legal description of the National Forest System land to be conveyed under subsection (b) shall be determined by a survey satisfactory to the Secretary. (d) Terms and conditions The conveyance under subsection (b) shall be— (1) subject to valid existing rights; (2) made without consideration; (3) made by quitclaim deed; and (4) subject to any other terms and conditions as the Secretary considers appropriate to protect the interests of the United States. (e) Costs of conveyance As a condition of the conveyance under subsection (b), the County shall pay all costs associated with the conveyance, including the cost of— (1) a survey, if necessary, under subsection (c)(3); and (2) any environmental analysis and resource surveys required by Federal law. (f) Environmental conditions Notwithstanding section 120(h)(3)(A) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ( 42 U.S.C. 9620(h)(3)(A) ), the Secretary shall not be required to provide any covenant or warranty for the land and improvements conveyed to the County under subsection (c).
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II 117th CONGRESS 1st Session S. 2894 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Cruz introduced the following bill; which was read twice and referred to the Committee on Banking, Housing, and Urban Affairs A BILL To require the imposition of sanctions with respect to Nord Stream 2 AG pursuant to the Countering America’s Adversaries Through Sanctions Act.
1. Imposition of sanctions with respect to Nord Stream 2 AG Not later than 30 days after the date of the enactment of this Act, the President shall impose the sanctions described in subsection (b) of section 10 of the Sovereignty, Integrity, Democracy, and Economic Stability of Ukraine Act of 2014 ( 22 U.S.C. 8909 ), as added by section 228 of the Countering America’s Adversaries Through Sanctions Act ( Public Law 115–44 ; 131 Stat. 911), with respect to Nord Stream 2 AG.
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II 117th CONGRESS 1st Session S. 2895 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Scott of Florida (for himself, Ms. Lummis , Mr. Johnson , Mr. Lee , and Mr. Marshall ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To prohibit the Department of Transportation and other agencies from promulgating rules requiring a person to provide proof of COVID–19 vaccination in order to engage in interstate commerce or travel, and for other purposes.
1. Short title This Act may be cited as the Prevent Unconstitutional Vaccine Mandates for Interstate Commerce Act . 2. Prohibition on proof of COVID–19 vaccination requirements (a) In general Notwithstanding any other provision of law, an agency or department described in subsection (b) may not promulgate any rule to require a person to provide proof of COVID–19 vaccination of any kind in order to engage in interstate commerce or travel. (b) Agencies and departments described An agency or department referred to in subsection (a) is any of the following: (1) The Department of Transportation. (2) The National Railroad Passenger Corporation (commonly referred to as Amtrak ). (3) The Surface Transportation Board. (4) The Transportation Security Administration. (5) The National Transportation Safety Board. (6) The Federal Maritime Commission. (7) The Department of Commerce. (c) Limitation on the use of HHS suspension of entries and imports authority Section 361(e) of the Public Health Service Act ( 42 U.S.C. 264(e) ) is amended by adding at the end the following: Nothing in this section shall be construed to authorize the Secretary of Health and Human Services to mandate vaccination against COVID–19 as a prerequisite for engaging in interstate commerce or travel. .
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II 117th CONGRESS 1st Session S. 2896 IN THE SENATE OF THE UNITED STATES September 29, 2021 Ms. Duckworth (for herself, Mr. Wyden , Mr. Grassley , and Mr. Lankford ) introduced the following bill; which was read twice and referred to the Committee on Energy and Natural Resources A BILL To amend the Energy Reorganization Act of 1974 to clarify whistleblower rights and protections, and for other purposes.
1. Short title This Act may be cited as the Department of Energy and Nuclear Regulatory Commission Whistleblower Protection Act . 2. Clarification of whistleblower rights and protections Section 211 of the Energy Reorganization Act of 1974 ( 42 U.S.C. 5851 ) is amended— (1) in subsection (b)— (A) in paragraph (1)— (i) in the first sentence, by striking person in and inserting employer in ; and (ii) in the second sentence, by striking the person and inserting the employer ; (B) in paragraph (2)— (i) by striking the person each place it appears and inserting the employer ; and (ii) in subparagraph (B), in the first sentence, by striking such person and inserting such employer ; (2) in subsection (d), in the first sentence, by striking a person and inserting an employer ; and (3) in subsection (e)(1), in the first sentence, by striking the person and inserting the employer .
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II 117th CONGRESS 1st Session S. 2897 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Burr introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide that the exclusion from gross income for qualified scholarships does not apply to athletic scholarships if the recipient receives certain income derived from the recipient's name, image, or likeness.
1. Short title This Act may be cited as the NIL Scholarship Tax Act . 2. Treatment of certain athletic scholarships as income (a) In general Section 117(c) of the Internal Revenue Code of 1986 is amended to read as follows: (c) Limitations (1) Teaching services (A) In general Except as provided in subparagraph (B), subsections (a) and (d) shall not apply to that portion of any amount received which represents payment for teaching, research, or other services by the student required as a condition for receiving the qualified scholarship or qualified tuition reduction. (B) Exceptions Subparagraph (A) shall not apply to any amount received by an individual under— (i) the National Health Service Corps Scholarship Program under section 338A(g)(1)(A) of the Public Health Service Act, (ii) the Armed Forces Health Professions Scholarship and Financial Assistance program under subchapter I of chapter 105 of title 10, United States Code, or (iii) a comprehensive student work-learning-service program (as defined in section 448(e) of the Higher Education Act of 1965) operated by a work college (as defined in such section). (2) Certain athletic scholarships (A) In general Subsection (a) shall not apply to any athletic scholarship if— (i) the individual receiving such athletic scholarship received income in excess of $20,000 during the taxable year from the name, image, or likeness of such individual, or (ii) this paragraph applied to such athletic scholarship for any prior taxable year. (B) Athletic scholarship For purposes of this paragraph, the term athletic scholarship means any qualified scholarship the terms of which require the recipient to participate in a program of intercollegiate athletics at an institution of higher education (as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 )) in order to be eligible to receive such assistance. . (b) Effective date The amendment made by this section shall apply to taxable years beginning after the date of the enactment of this Act.
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II 117th CONGRESS 1st Session S. 2898 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Young introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend title III of the Social Security Act to provide for improvements to State unemployment systems and to strengthen program integrity, and for other purposes.
1. Short title This Act may be cited as the Unemployment Insurance Systems Modernization Act of 2021 . 2. Improvements to State unemployment systems and strengthening program integrity (a) Unemployment compensation systems (1) In general Section 303(a) of the Social Security Act ( 42 U.S.C. 503(a) ) is amended— (A) in the matter preceding paragraph (1), by striking provision for— and inserting provision for each of the following: ; (B) at the end of each of paragraphs (1) through (10), by striking ; and and inserting a period; (C) in paragraph (11)(B), by striking The immediate and inserting the immediate ; and (D) by adding at the end the following new paragraph: (13) The State system shall, in addition to meeting the requirements under section 1137, meet the following requirements: (A) The system shall be capable of accurately and expeditiously processing a surge of claims, including those filed under temporary Federal benefit programs that the State may be expected to administer, that would represent a twentyfold increase in claims from January 2020 levels, occurring over a one-month period. (B) The system shall be capable of— (i) adjusting wage replacement levels for each individual receiving unemployment compensation, but not to exceed 100 percent of wage replacement; (ii) adjusting weekly earnings disregards, including the ability to adjust such disregards in relation to an individual’s earnings or weekly benefit amount; and (iii) providing for wage replacement levels that vary based on the individual's duration of benefit receipt. (C) The system shall have in place an automated process for receiving and processing claims for disaster unemployment assistance under section 410(a) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5177(a) ), with flexibility to adapt rules regarding individuals eligible for assistance and the amount payable. (D) In the case of a State that makes payments of short-time compensation under a short-time compensation program (as defined in section 3306(v) of the Internal Revenue Code of 1986), the system shall have in place an automated process of receiving and processing claims for short-time compensation. (E) The system shall have in place an automated process for receiving and processing claims for— (i) unemployment compensation for Federal civilian employees under subchapter I of chapter 85 of title 5, United States Code; (ii) unemployment compensation for ex-servicemembers under subchapter II of chapter 85 of title 5, United States Code; and (iii) trade readjustment allowances under sections 231 through 233 of the Trade Act of 1974 ( 19 U.S.C. 2291–2293 ). (F) The system shall have in place an automated process capable of receiving and processing claims under future temporary Federal benefit programs, such as those that may— (i) provide extended benefits for individuals exhausting State compensation (such as under the Pandemic Emergency Unemployment Compensation program established in section 2107 of the CARES Act ( 15 U.S.C. 9025 )); or (ii) expand coverage to include individuals not eligible for State compensation (such as under the Pandemic Unemployment Assistance program established in section 2102 of the CARES Act ( 15 U.S.C. 9021 )). . (2) Effective date The amendments made by paragraph (1) shall apply to weeks of unemployment beginning on or after the earlier of— (A) the date the State changes its statutes, regulations, or policies in order to comply with such amendment; or (B) October 1, 2024. (b) Electronic transmission of unemployment compensation information Section 303 of the Social Security Act ( 42 U.S.C. 503 ) is amended by adding at the end the following new subsection: (n) Electronic transmission of unemployment compensation information (1) In general Not later than October 1, 2024, the State agency charged with administration of the State law shall use a system developed (in consultation with stakeholders) and designated by the Secretary of Labor for automated electronic transmission of requests for information relating to unemployment compensation and the provision of such information between such agency and employers or their agents. Such system shall ensure that any information shared is secure and safeguarded from potential abuse or misuse. (2) Use of appropriated funds The Secretary of Labor may use funds appropriated for grants to States under this title to make payments on behalf of States as the Secretary determines is appropriate for the use of the system described in paragraph (1). (3) Employer participation The Secretary of Labor shall work with the State agency charged with administration of the State law to increase the number of employers using this system and to resolve any technical challenges with the system. (4) Reports on use of electronic system After the end of each fiscal year, on a date determined by the Secretary, each State shall report to the Secretary information on— (A) the proportion of employers using the designated system described in paragraph (1); (B) the reasons employers are not using such system; and (C) the efforts the State is undertaking to increase employer’s use of such system. (5) Enforcement Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to the State. . (c) Unemployment compensation integrity data hub (1) In general Section 303(a) of the Social Security Act ( 42 U.S.C. 503(a) ), as amended by subsection (a), is amended by adding at the end the following new paragraph: (14) The State agency charged with administration of the State law shall use the system designated by the Secretary of Labor for cross-matching claimants of unemployment compensation under State law against any databases in the system to prevent and detect fraud and improper payments. . (2) Effective date The amendment made by paragraph (1) shall apply to weeks of unemployment beginning on or after the earlier of— (A) the date the State changes its statutes, regulations, or policies in order to comply with such amendment; or (B) October 1, 2024. (d) Use of National directory of new hires in administration of unemployment compensation programs and penalties on noncomplying employers (1) In general Section 303 of the Social Security Act ( 42 U.S.C. 503 ), as amended by subsection (b), is amended by adding at the end the following new subsection: (o) Use of National directory of new hires (1) In general Not later than October 1, 2024, the State agency charged with administration of the State law shall— (A) compare information in the National Directory of New Hires established under section 453(i) against information about individuals claiming unemployment compensation to identify any such individuals who may have become employed, in accordance with any regulations or guidance that the Secretary of Health and Human Services may issue and consistent with the computer matching provisions of the Privacy Act of 1974; (B) take timely action to verify whether the individuals identified pursuant to subparagraph (A) are employed; and (C) upon verification pursuant to subparagraph (B), take appropriate action to suspend or modify unemployment compensation payments, and to initiate recovery of any improper unemployment compensation payments that have been made. (2) Enforcement Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to the State. . (2) Penalties (A) In general Section 453A(d) of the Social Security Act ( 42 U.S.C. 653a(d) ), in the matter preceding paragraph (1), is amended by striking have the option to set a State civil money penalty which shall not exceed and inserting set a State civil money penalty which shall be not less than . (B) Effective date The amendment made by subparagraph (A) shall apply to penalties assessed on or after October 1, 2024. (e) State performance (1) In general Section 303 of the Social Security Act ( 42 U.S.C. 503 ), as amended by subsections (b) and (d), is amended by adding at the end the following new subsection: (p) State performance (1) In general For purposes of assisting States in meeting the requirements of this title, title IX, title XII, or chapter 23 of the Internal Revenue Code of 1986 (commonly referred to as the Federal Unemployment Tax Act ), the Secretary of Labor may— (A) consistent with subsection (a)(1), establish measures of State performance, including criteria for acceptable levels of performance, performance goals, and performance measurement programs; (B) consistent with subsection (a)(6), require States to provide to the Secretary of Labor data or other relevant information from time to time concerning the operations of the State or State performance, including the measures, criteria, goals, or programs established under paragraph (1); (C) require States with sustained failure to meet acceptable levels of performance or with performance that is substantially below acceptable standards, as determined based on the measures, criteria, goals, or programs established under subparagraph (A), to implement specific corrective actions and use specified amounts of the administrative grants under this title provided to such States to improve performance; and (D) based on the data and other information provided under subparagraph (B)— (i) to the extent the Secretary of Labor determines funds are available after providing grants to States under this title for the administration of State laws, recognize and make awards to States for performance improvement, or performance exceeding the criteria or meeting the goals established under subparagraph (A); or (ii) to the extent the Secretary of Labor determines funds are available after providing grants to States under this title for the administration of State laws, provide incentive funds to high-performing States based on the measures, criteria, goals, or programs established under subparagraph (A). (2) Enforcement Whenever the Secretary of Labor, after reasonable notice and opportunity for hearing to the State agency charged with the administration of the State law, finds that there is a failure to comply substantially with the requirements of paragraph (1), the Secretary of Labor shall notify such State agency that further payments will not be made to the State until the Secretary of Labor is satisfied that there is no longer any such failure. Until the Secretary of Labor is so satisfied, such Secretary shall make no future certification to the Secretary of the Treasury with respect to the State. . (2) Effective date The amendments made by this subsection shall take effect on the date of enactment of this Act. (f) Funding Notwithstanding any other provision of law, out of any payments of compensation from the unemployment fund of the State that were made under the provisions of subtitle A of title II of division A of the CARES Act and are determined to have been made in error and are subsequently recovered by the State, the State may, immediately following receipt of such recovered amount— (1) deposit 50 percent of such amount in a fund from which moneys may be withdrawn to carry out the provisions of, and the amendments made by, this section, including any regional or multi-State efforts; and (2) pay 50 percent of such amount to the Secretary of the Treasury to the credit of the account of the State in the Unemployment Trust Fund. (g) Permissible use of CARES Act funding Section 2118 of the CARES Act ( 15 U.S.C. 9034 ) is amended by adding at the end the following new subsection: (d) Permissible use of grant funds A grant to a State or territory awarded under subsection (b)(3) may be used for purposes of carrying out the provisions of, and the amendments made by, subsections (a) through (e) of section 2 of the Unemployment Insurance Systems Modernization Act of 2021 . .
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https://www.govinfo.gov/content/pkg/BILLS-117s2898is/xml/BILLS-117s2898is.xml
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117-s-2899
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II 117th CONGRESS 1st Session S. 2899 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Ossoff (for himself, Mr. Durbin , and Mr. Grassley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To require the Director of the Bureau of Prisons to address deficiencies and make necessary upgrades to the security camera and radio systems of the Bureau of Prisons to ensure the health and safety of employees and inmates.
1. Short title This Act may be cited as the Prison Camera Reform Act of 2021 . 2. Findings Congress finds the following: (1) The Bureau of Prisons has 122 institutions located throughout the United States. The Bureau of Prisons employs nearly 38,000 employees and is responsible for more than 150,000 Federal inmates. (2) Video footage from security camera systems and reliable communication over radio systems within Bureau of Prisons institutions are essential to protecting the health and safety of Bureau of Prisons employees and Federal inmates. (3) Based on the experience of Bureau of Prisons correctional staff, the noticeable presence of functioning security cameras serves as an effective deterrent to criminal behavior and misconduct. (4) Well-documented deficiencies of camera systems at Bureau of Prisons’ facilities have hindered investigators’ ability to substantiate allegations of serious misconduct by staff and inmates, including sexual and physical assaults, medical neglect, and introduction of contraband. (5) In a 2016 report, the Office of the Inspector General for the Department of Justice determined that deficiencies within the BOP's security camera system have affected the OIG’s ability to secure prosecutions of staff and inmates in BOP contraband introduction cases, and these same problems adversely impact the availability of critical evidence to support administrative or disciplinary action against staff and inmates . (6) Shortcomings in the land-mobile radio systems at Bureau of Prison facilities institutions impede the communication abilities of staff, slowing or preventing the response of correctional officers during an emergency or threat of attack, and jeopardizing the safety of both staff and Federal inmates. 3. Required plan for reform of BOP security camera and radio coverage and capabilities (a) Plan Not later than 90 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall— (1) evaluate the security camera, land-mobile radio (referred to in this Act as LMR ), and public address (referred to in this Act as PA ) systems in use by the Bureau of Prisons as of the date of enactment of this Act; and (2) submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a plan for ensuring that all Bureau of Prisons correctional facilities have the security camera, LMR, and PA system coverage and capabilities necessary to— (A) ensure the health and safety of staff and Federal inmates; and (B) ensure the documentation and accessibility of video evidence that may pertain to misconduct by staff or inmates, negligent or abusive treatment of inmates, or criminal activity within correctional facilities. (b) Contents The plan required under subsection (a) shall— (1) identify and include plans to address any deficiencies in the security camera system in use at Bureau of Prisons correctional facilities, including those related to— (A) an insufficient number of cameras; (B) inoperable or malfunctioning cameras; (C) blind spots; (D) poor quality video; and (E) any other deficits in the security camera system; (2) identify and include plans to adopt and maintain any security camera system upgrades needed to achieve the purposes described in subsection (a), including— (A) conversion of all analog cameras to digital surveillance systems, with corresponding infrastructure and equipment upgrade requirements; (B) upgrades to ensure the secure storage, logging, preservation, and accessibility of recordings such that the recordings are available to investigators or Courts at such time as may be reasonably required; and (C) additional enterprise-wide camera system capabilities needed to enhance the safety and security of inmates and staff; (3) identify and include plans to address any deficiencies in the LMR and PA systems in use at Bureau of Prisons correctional facilities, including those related to— (A) an inadequate number of radios; (B) inoperable, outdated, or malfunctioning LMR or PA systems; (C) areas of Bureau of Prisons correctional facilities that lack adequate reception for radio operation; (D) radios that lack an emergency notification feature (also known as a man down function), which automatically sends an alert and transmits the location of that radio in the event the wearer is in a prone position; and (E) any other deficits in the LMR or PA systems; (4) include an assessment of operational and logistical considerations in implementing the plan required under subsection (a), including— (A) a prioritization of facilities for needed upgrades, beginning with high security institutions; (B) the personnel and training necessary to implement the changes; and (C) ongoing repair and maintenance requirements; and (5) include a 3-year strategic plan and cost projection for implementing the changes and upgrades to the security camera, LMR, and PA systems identified under paragraphs (1) through (4). (c) Implementation deadline Not later than 3 years after the date on which the plan is submitted under subsection (a)(2), and subject to appropriations, the Director of the Bureau of Prisons shall complete implementation of the submitted plan. (d) Annual progress reports Beginning 1 year after the date on which the plan is submitted under subsection (a)(2), and each year thereafter until the end of the 3-year period described in subsection (c), the Director of the Bureau of Prisons 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 progress of the implementation of the submitted plan.
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117-s-2900
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II 117th CONGRESS 1st Session S. 2900 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Schatz (for himself, Mr. Durbin , Mr. Cardin , Mr. Kaine , Mr. Van Hollen , Ms. Hirono , Mr. Merkley , Mrs. Feinstein , Mr. Blumenthal , Ms. Cortez Masto , Mr. Sanders , and Mr. Murphy ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To suspend the enforcement of certain civil liabilities of Federal employees and contractors during a lapse in appropriations, and for other purposes.
1. Short title This Act may be cited as the Federal Employees Civil Relief Act . 2. Purpose The purpose of this Act is to provide for the temporary suspension of judicial and administrative proceedings and transactions that may adversely affect the civil rights of Federal workers during a shutdown. 3. Definitions In this Act: (1) Consumer reporting agency The term consumer reporting agency has the meaning given the term in section 603(f) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(f) ). (2) Contractor The term contractor has the meaning given the term in section 7101 of title 41, United States Code. (3) Court; judgment; State The terms court , judgment , and State have the meanings given those terms in section 101 of the Servicemembers Civil Relief Act ( 50 U.S.C. 3911 ). (4) Covered period The term covered period means the period beginning on the date on which a shutdown begins and ending on the date that is 30 days after the date on which that shutdown ends. (5) Federal worker The term Federal worker — (A) means an employee of a Government agency; and (B) includes an employee of a contractor. (6) Government agency The term Government agency means each authority of the executive, legislative, or judicial branch of the Government of the United States. (7) Shutdown The term shutdown means any period in which there is more than a 24-hour lapse in appropriations for any Government agency or Federal department as a result of a failure to enact a regular appropriations bill or continuing resolution. 4. Jurisdiction (a) Jurisdiction This Act shall apply to— (1) the United States; (2) each of the States, including each political subdivision of a State; and (3) all territory that is subject to the jurisdiction of the United States. (b) Applicability to proceedings This Act— (1) shall apply to any judicial or administrative proceeding that is commenced in any court or agency in any jurisdiction that is subject to this Act; and (2) shall not apply to criminal proceedings or with respect to child support payments. (c) Court in which application may be made When, under this Act, any application is required to be made to a court in which no proceeding has already been commenced with respect to a matter, that application may be made to any court that would otherwise have jurisdiction over the matter. (d) Notification (1) In general The head of the Government agency that employs a Federal worker, or at which a Federal worker performs services, as applicable, shall provide the Federal worker with written notice regarding the benefits provided under this Act— (A) on the date on which the individual becomes a Federal worker; and (B) periodically after the date described in subparagraph (A), including on the date on which any shutdown begins. (2) Legislative and judicial branch With respect to a Federal worker in a Government agency in the legislative branch or judicial branch, (or, in the case of a Federal worker who is an employee of a contractor, who provides services at a Government agency in the legislative branch or judicial branch), the officer or employee at the Government agency who has the final authority to appoint, hire, discharge, and set the terms, conditions, or privileges of the employment of the Federal worker shall provide the notice required under paragraph (1). 5. Anticipatory relief A Federal worker who is furloughed or required to work without pay during a shutdown may apply to a court for a temporary stay, postponement, or suspension with respect to any payment of rent, mortgage, tax, fine, penalty, insurance premium, student loan repayment, or other civil obligation or liability that the Federal worker or individual, as applicable, owes or would owe during the duration of the shutdown. 6. Evictions (a) Court-Ordered eviction Except by the order of a court, a landlord may not, during a shutdown— (1) evict a Federal worker from premises that are occupied or intended to be occupied primarily as a residence; or (2) subject premises described in paragraph (1) to a distress. (b) Stay of execution (1) Court authority Upon an application for eviction or distress with respect to premises described in subsection (a)(1), a court may, upon motion of the court, and shall, if a request is made by or on behalf of a Federal worker, the ability of whom to pay the rent that is the subject of the action is materially affected by a shutdown— (A) stay the proceedings for a period of 30 days, unless, in the opinion of the court, justice and equity require a longer or shorter period of time; or (B) adjust the obligation under the lease to preserve the interests of all parties. (2) Relief to landlord If a court grants a stay under paragraph (1), the court may grant to the landlord (or other person with paramount title) such relief as equity may require. (c) Misdemeanor Except as provided in subsection (a), a person that knowingly takes part in an eviction or distress described in that subsection, or that knowingly attempts to take part in an eviction or distress described in that subsection, shall be fined as provided in title 18, United States Code, or imprisoned for not more than 1 year, or both. 7. Mortgage protection and foreclosures (a) Definition In this section, the term covered action means an action relating to an obligation— (1) with respect to real or personal property owned by a Federal worker; and (2) that— (A) originated before the date on which a shutdown begins; (B) is in effect on the date on which a shutdown begins; and (C) is secured by a mortgage, trust deed, or other security in the nature of a mortgage. (b) Stay of proceedings and adjustment of obligation If a covered action is filed in a court during a covered period, the court may, after a hearing and upon the motion of the court, and shall, upon application by the Federal worker if the ability of the Federal worker to comply with the covered obligation is materially affected by the shutdown— (1) stay the proceedings for a period of time as justice and equity require; or (2) adjust the obligation to preserve the interests of all parties. (c) Sale or foreclosure A sale, foreclosure, or seizure of property for a breach of an obligation described in subsection (a) by a Federal worker shall not be valid if made during a covered period except upon the order of a court that is granted before that sale, foreclosure, or seizure, as applicable, with a return made and approved by the court. (d) Misdemeanor A person that knowingly makes or causes to be made a sale, foreclosure, or seizure of property that is prohibited under subsection (c), or that knowingly attempts to make or cause to be made a sale, foreclosure, or seizure of property that is prohibited under that subsection, shall be fined as provided in title 18, United States Code, or imprisoned for not more than 1 year, or both. 8. Liens (a) Liens (1) Definition In this subsection, the term lien includes— (A) a lien— (i) for storage, repair, or cleaning of the property or effects of a Federal worker; and (ii) on the property or effects described in clause (i) for any reason other than a reason described in that clause; and (B) a loan that a Federal worker has obtained with respect to a motor vehicle. (2) Limitation on foreclosure or enforcement A person holding a lien on the property or effects of a Federal worker may not, during a covered period, foreclose on or enforce that lien without the order of a court that was issued before the date on which that foreclosure or enforcement occurs. (b) Stay of proceedings In a proceeding to foreclose on or enforce a lien that is subject to this section, a court may, upon the motion of the court, and shall, if requested by a Federal worker, the ability of whom to comply with the obligation resulting in the proceeding is materially affected by a shutdown— (1) stay the proceeding for a period of time as justice and equity require; or (2) adjust the obligation to preserve the interests of all parties. (c) Misdemeanor A person that knowingly takes an action that violates this section, or attempts to take an action that violates this section, shall be fined as provided in title 18, United States Code, or imprisoned for not more than 1 year, or both. 9. Student loans (a) Definition of student loan In this section, the term student loan means the following: (1) A loan made, insured, or guaranteed under title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1070 et seq. ), including any Federal Direct Stafford Loan, Federal Direct Unsubsidized Stafford Loan, Federal Direct PLUS Loan, or Federal Direct Consolidation Loan. (2) A private education loan, as such term is defined in section 140(a) of the Truth in Lending Act ( 15 U.S.C. 1650(a) ). (b) Application to student loans This section shall apply to any situation in which— (1) the student loan payment of a Federal worker falls due or remains unpaid during a shutdown; and (2) during the shutdown described in paragraph (1), the Federal worker described in that paragraph has been furloughed or required to work without pay. (c) Deferment eligibility During a covered period, a Federal worker shall be eligible for deferment, during which, with respect to a student loan, periodic installments of principal need not be paid and interest shall not accrue. (d) Limitation on defaults If the student loan payment of a Federal worker falls due and remains unpaid during a shutdown, the lender with respect to the student loan may not place the loan in default without the order of a court. (e) Limitation on collections If the student loan of a Federal worker has been placed in default before the date on which a shutdown begins, the lender with respect to the student loan may not, without the order of a court, perform any of the following activities during the covered period with respect to the shutdown: (1) Send the student loan to collection. (2) Report adverse information with respect to the Federal worker to a consumer reporting agency. (3) Garnish wages, tax refunds, or government benefits. (f) Court stay In a proceeding to collect a student loan payment that is subject to this section, a court may, upon the motion of the court, and shall, if requested by a Federal worker whose ability to comply with the obligation resulting in the proceeding is materially affected by a shutdown— (1) stay the proceeding for a period of time as justice and equity require; or (2) adjust the obligation to preserve the interests of all parties. (g) Misdemeanor A person that knowingly violates this section, or attempts to violate this section, shall be fined as provided in title 18, United States Code, or imprisoned for not more than 1 year, or both. 10. Income taxes (a) Deferral of tax Upon notice to the Internal Revenue Service, the collection of Federal income tax on the income of a Federal worker falling due during a shutdown shall be deferred for a period of not more than 90 days after the date on which the shutdown ends if the ability of the Federal worker to pay the income tax is materially affected by the shutdown. (b) Accrual of interest or penalty No interest or penalty shall accrue during the period of deferment under subsection (a) by reason of nonpayment on any amount of tax deferred under this section. (c) Statute of limitations The running of a statute of limitations against the collection of tax deferred under this section, by seizure or otherwise, shall be suspended for the covered period with respect to the shutdown to which the collection applies. (d) Application limitation This section shall not apply to the tax imposed on employees under section 3101 of the Internal Revenue Code of 1986. 11. Insurance protection (a) Definition In this section, the term covered insurance policy means a policy— (1) for— (A) health insurance; (B) life insurance; (C) disability insurance; or (D) motor vehicle insurance; and (2) that— (A) a Federal worker enters into before the date on which a shutdown begins; and (B) is in effect during a shutdown. (b) Insurance protection Without the order of a court, a covered insurance policy shall not lapse or otherwise terminate or be forfeited because a Federal worker does not pay a premium, or interest or indebtedness on a premium, under the policy that is due during a covered period with respect to a shutdown. 12. Protection of rights (a) Exercise of rights under chapter not To affect certain future financial transactions An application by a Federal worker for, or the receipt by a Federal worker of, a stay, postponement, or suspension under this Act with respect to the payment of a fine, penalty, insurance premium, or other civil obligation or liability of that Federal worker shall not itself (without regard to other considerations) provide the basis for any of the following: (1) A determination by a lender or other person that the Federal worker is unable to pay the civil obligation or liability, as applicable, in accordance with the terms of the obligation or liability. (2) With respect to a credit transaction between a creditor and the Federal worker— (A) a denial or revocation of credit by the creditor; (B) a change by the creditor in the terms of an existing credit arrangement; or (C) a refusal by the creditor to grant credit to the Federal worker in substantially the amount or on substantially the terms requested. (3) An adverse report relating to the creditworthiness of the Federal worker by or to a person engaged in the practice of assembling or evaluating consumer credit information. (4) A refusal by an insurer to insure the Federal worker. (5) A change in the terms offered or conditions required for the issuance of insurance. (b) Reduction or waiver of fines or penalties If a Federal worker fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if— (1) the Federal worker was furloughed or required to work without pay during a shutdown on the date on which the fine or penalty was incurred; and (2) the ability of the Federal worker to perform the obligation was materially affected by the shutdown described in paragraph (1). (c) Court action upon material affect determination If a court determines that a Federal worker is materially affected by a shutdown in complying with a judgment or an order of a court, the court may, upon the motion of the court, and shall, on application by the Federal worker— (1) stay the execution of any judgment or order entered against the Federal worker; and (2) vacate or stay an attachment or garnishment of property, money, or debts in the possession of the Federal worker or a third party, whether before or after the entry of a judgment. (d) Dependents Upon application to a court, a dependent of a Federal worker is entitled to the protections under this Act if the ability of the dependent to comply with a lease, contract, bailment, or other obligation is materially affected by reason of the impact of a shutdown on the Federal worker. 13. Enforcement (a) Civil action The Attorney General may commence a civil action in any appropriate district court of the United States against any person that engages in— (1) a pattern or practice of violating this Act; or (2) a violation of this Act that raises an issue of significant public importance. (b) Relief In a civil action commenced under subsection (a), a court may— (1) grant any appropriate equitable or declaratory relief with respect to the violation of this Act; (2) award all other appropriate relief, including monetary damages, to any person aggrieved by the violation described in paragraph (1); and (3) to vindicate the public interest, assess a civil penalty— (A) in an amount that is not more than $55,000 for a first violation; and (B) in an amount that is not more than $110,000 for any subsequent violation. (c) Intervention Upon timely application, a person that is aggrieved by a violation of this Act with respect to which a civil action is commenced under subsection (a) may— (1) intervene in the action; and (2) obtain such appropriate relief as the person could obtain in a civil action under subsection (d) with respect to that violation, along with costs and a reasonable attorney fee. (d) Private right of action Any person that, after the date of enactment of this Act, is aggrieved by a violation of this Act may, in a civil action— (1) obtain any appropriate equitable or declaratory relief with respect to the violation; and (2) recover all other appropriate relief, including monetary damages. (e) Costs and attorney fees A court may award to a person aggrieved by a violation of this Act that prevails in an action brought under subsection (d) the costs of the action, including a reasonable attorney fee. (f) No preemption Nothing in this section may be construed to preclude or limit any remedy otherwise available under other law, including consequential and punitive damages.
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117-s-2901
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II 117th CONGRESS 1st Session S. 2901 IN THE SENATE OF THE UNITED STATES September 29, 2021 Mr. Whitehouse (for himself and Mr. Portman ) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions A BILL To amend title V of the Public Health Service Act to provide for increased oversight of recovery housing, and for other purposes.
1. Short title This Act may be cited as the Excellence in Recovery Housing Act . 2. Clarifying the role of SAMHSA in promoting the availability of high-quality recovery housing Section 501(d) of the Public Health Service Act ( 42 U.S.C. 290aa ) is amended— (1) in paragraph (24)(E), by striking and at the end; (2) in paragraph (25), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (26) collaborate with national accrediting entities and reputable providers and analysts of recovery housing services and all relevant Federal agencies, including the Centers for Medicare & Medicaid Services, the Health Resources and Services Administration, other offices and agencies within the Department of Health and Human Services, the Office of National Drug Control Policy, the Department of Justice, the Department of Housing and Urban Development, and the Department of Agriculture, to promote the availability of high-quality recovery housing for individuals with a substance use disorder. . 3. Developing guidelines for states to promote the availability of high-quality recovery housing Title V of the Public Health Service Act is amended by inserting after section 550 of such Act ( 42 U.S.C. 290ee–5 ) the following: 550A. Developing guidelines for States to promote the availability of high-quality recovery housing (a) In general Not later than 1 year after the date of enactment of this section, the Secretary, acting through the Assistant Secretary, shall develop, and publish on the website of the Substance Abuse and Mental Health Services Administration, consensus-based guidelines and nationally recognized standards for States to promote the availability of high-quality recovery housing for individuals with a substance use disorder. Such guidelines shall— (1) be developed in consultation with national accrediting entities, reputable providers and analysts of recovery housing services, and States and be consistent with the best practices developed under section 550; and (2) to the extent practicable, build on existing best practices and suggested guidelines developed previously by the Substance Abuse and Mental Health Services Administration. (b) Public comment period Before finalizing guidelines under subsection (a), the Secretary shall provide for a public comment period. (c) Exclusion of guideline on treatment services In developing the guidelines under subsection (a), the Secretary may not include any guideline or standard with respect to substance use disorder treatment services. (d) Substance use disorder treatment services In this section, the term substance use disorder treatment services means items or services furnished for the treatment of a substance use disorder, including— (1) medications approved by the Food and Drug Administration for use in such treatment, excluding each such medication used to prevent or treat a drug overdose; (2) the administering of such medications; (3) recommendations for such treatment; (4) clinical assessments and referrals; (5) counseling with a physician, psychologist, or mental health professional (including individual and group therapy); and (6) toxicology testing. . 4. Coordination of Federal activities to promote the availability of high-quality recovery housing Section 550 of the Public Health Service Act ( 42 U.S.C. 290ee–5 ) is amended— (1) by redesignating subsections (e), (f), and (g) as subsections (g), (h), and (i), respectively; and (2) by inserting after subsection (d) the following: (e) Coordination of Federal activities To promote the availability of high-Quality recovery housing for individuals with a substance use disorder (1) In general The Secretary, acting through the Assistant Secretary, and the Secretary of Housing and Urban Development shall convene an interagency working group, co-chaired by the Assistant Secretary and the Secretary of Housing and Urban Development and comprised of representatives of each of the Federal agencies described in paragraph (2) (referred to in this section as the working group ) for the following purposes: (A) To increase collaboration, cooperation, and consultation among such Federal agencies, with respect to promoting the availability of high-quality recovery housing. (B) To align the efforts of such agencies and avoid duplication of such efforts by such agencies. (C) To develop objectives, priorities, and a long-term plan for supporting State, Tribal, and local efforts with respect to the operation of high-quality recovery housing that is consistent with the best practices developed under this section. (D) To coordinate inspection and enforcement among Federal and State agencies. (E) To coordinate data collection on the quality of recovery housing. (2) Federal agencies described The Federal agencies described in this paragraph are the following: (A) The Department of Health and Human Services, including— (i) the Centers for Medicare & Medicaid Services; (ii) the Substance Abuse and Mental Health Services Administration; (iii) the Health Resources and Services Administration; and (iv) the Indian Health Service. (B) The Department of Housing and Urban Development. (C) The Department of Agriculture. (D) The Department of Justice. (E) The Office of National Drug Control Policy. (F) The Bureau of Indian Affairs. (G) The Department of Labor. (H) Any other Federal agency as the co-chairs determine appropriate. (3) Meetings The working group shall meet on a quarterly basis. (4) Reports to Congress Beginning not later than 1 year after the date of enactment of this section and annually thereafter, the working group shall submit to the Committee on Energy and Commerce, the Committee on Ways and Means, the Committee on Agriculture, and the Committee on Financial Services of the House of Representatives and the Committee on Health, Education, Labor, and Pensions, the Committee on Agriculture, Nutrition, and Forestry, and the Committee on Finance of the Senate a report describing the work of the working group and any recommendations of the working group to improve Federal, State, or local policy with respect to recovery housing operations. (5) Authorization of appropriations To carry out this subsection, there are authorized to be appropriated such sums as may be necessary for fiscal years 2022 through 2027. . 5. NAS study and report (a) In general Not later than 60 days after the date of enactment of this Act, the Secretary of Health and Human Services, acting through the Assistant Secretary for Mental Health and Substance Use, shall enter into an arrangement with the National Academies of Sciences, Engineering, and Medicine to conduct a study, which may include a literature review and case studies as appropriate, on— (1) the quality and effectiveness of recovery housing in the United States, including the availability in the United States of high-quality recovery housing and whether that availability meets the demand for such housing in the United States; and (2) State, Tribal, and local regulation and oversight of recovery housing. (b) Topics The study under subsection (a) shall include a literature review of studies that— (1) examine the quality of, and effectiveness outcomes for, the types and characteristics of covered recovery housing programs listed in subsection (c); and (2) identify the research and data gaps that must be filled to better report on the quality of, and effectiveness outcomes related to, covered recovery housing. (c) Type and characteristics The types and characteristics of covered recovery housing programs referred to in subsection (b) consist of the following: (1) Nonprofit and for-profit covered recovery housing. (2) Private and public covered recovery housing. (3) Covered recovery housing programs that provide services to— (A) residents on a voluntary basis; and (B) residents pursuant to a judicial order. (4) Number of clients served, disaggregated to the extent possible by covered recovery housing serving— (A) 6 or fewer recovering residents; (B) 10 to 13 recovering residents; and (C) 18 or more recovering residents. (5) Bedroom occupancy in a house, disaggregated to the extent possible by— (A) single room occupancy; (B) 2 residents occupying 1 room; and (C) more than 2 residents occupying 1 room. (6) Duration of services received by clients, disaggregated to the extent possible according to whether the services were— (A) 30 days or fewer; (B) 31 to 90 days; (C) more than 90 days and fewer than 6 months; or (D) 6 months or more. (7) Certification levels of staff. (8) Fraudulent and abusive practices by operators of covered recovery housing and inpatient and outpatient treatment facilities, both individually and in concert, including— (A) deceptive or misleading marketing practices, including— (i) inaccurate outcomes-based marketing; and (ii) marketing based on non-evidence-based practices; (B) illegal patient brokering; (C) third-party recruiters; (D) deceptive or misleading marketing practices of treatment facility and recovery housing online aggregators; and (E) the impact of such practices on health care costs and recovery rates. (d) Report The arrangement under subsection (a) shall require, by not later than 18 months after the date of entering into the agreement— (1) completing the study under such subsection; and (2) making publicly available (including through publication on the internet) a report that contains— (A) the results of the study; (B) the National Academy’s recommendations for Federal, State, and local policies to promote the availability of high-quality recovery housing in the United States; (C) research and data gaps; (D) recommendations for recovery housing quality and effectiveness metrics; (E) recommended mechanisms to collect data on those metrics, including with respect to research and data gaps; (F) recommendations to eliminate restrictions by recovery housing that exclude individuals who take prescribed medications for opioid use disorder; and (G) a summary of allegations, assertions, or formal legal actions on the State and local levels by governments and nongovernmental organizations with respect to the opening and operation of recovery housing. (e) Definitions In this subsection: (1) The term covered recovery housing means recovery housing that utilizes compensated or volunteer onsite staff who are not health care professionals to support residents. (2) The term effectiveness outcomes may include decreased substance use, reduced probability of relapse or reoccurrence, lower rates of incarceration, higher income, increased employment, and improved family functioning. (3) The term health care professional means an individual who is licensed or otherwise authorized by the State to provide health care services. (4) The term recovery housing means a shared living environment that is or purports to be— (A) free from alcohol and use of nonprescribed drugs; and (B) centered on connection to services that promote sustained recovery from substance use disorders. (f) Authorization of appropriations To carry out this section, there is authorized to be appropriated $1,500,000 for fiscal year 2022. 6. Filling research and data gaps Not later than 60 days after the completion of the study under section 5, the Secretary of Health and Human Services shall enter into an agreement with an appropriate entity to conduct such research as may be necessary to fill the research and data gaps identified in reporting pursuant to such section. 7. Grants for States to promote the availability of high quality recovery housing Section 550 of the Public Health Service Act ( 42 U.S.C. 290ee–5 ), as amended by section 4, is further amended by inserting after subsection (e) (as inserted by section 4) the following: (f) Grants for implementing national recovery housing best practices (1) In general The Secretary shall award grants to States (and political subdivisions of States), Tribes, and territories— (A) for the provision of technical assistance by national accrediting entities and reputable providers and analysts of recovery housing services to implement the guidelines, nationally recognized standards, and recommendations developed under section 3 of the Excellence in Recovery Housing Act and this section; and (B) to promote the availability of high-quality recovery housing for individuals with a substance use disorder and practices to maintain housing quality long term. (2) State enforcement plans Beginning not later than 90 days after the date of enactment of this paragraph and every 2 years thereafter, as a condition on the receipt of a grant under paragraph (1), each State (or political subdivision of a State), Tribe, or territory receiving such a grant shall submit to the Secretary, and make publicly available on a publicly accessible website of the State (or political subdivision of the State), Tribe, or territory— (A) the plan of the State (or political subdivision of a State), Tribe, or territory, with respect to the promotion of high-quality recovery housing for individuals with a substance use disorder located within the jurisdiction of such State (or political subdivision of a State), Tribe, or territory; and (B) a description of how such plan is consistent with the best practices developed under this section and guidelines developed under section 550A. (3) Review of accrediting entities The Secretary shall periodically review, by developing a rubric to evaluate accreditation, the accrediting entities providing technical assistance pursuant to paragraph (1)(A). (4) Authorization of appropriations To carry out this subsection, there is authorized to be appropriated $10,000,000 for each of fiscal years 2023 through 2027. . 8. Authorization of appropriations Section 550 of the Public Health Service Act ( 42 U.S.C. 290ee–5 ), as amended by sections 4 and 7, is further amended by amending subsection (i) (as redesignated by such section 4) to read as follows: (i) Authorization of appropriations (1) In general To carry out this section, there is authorized to be appropriated— (A) $2,000,000 for fiscal year 2022; and (B) $11,000,000 for each of fiscal years 2023 through 2027. (2) Reservations of funds For each of fiscal years 2022 through 2027, of the amounts appropriated under paragraph (1) for such fiscal year, the Secretary shall reserve— (A) not less than $1,000,000 to carry out subsection (e); and (B) not less than $10,000,000 to award grants under paragraphs (1) and (2) of subsection (f). . 9. Reputable providers and analysts of recovery housing services definition Section 550(h) of the Public Health Service Act ( 42 U.S.C. 290ee–5(i) ), as redesignated by section 4, is amended by adding at the end the following: (4) The term reputable providers and analysts of recovery housing services means recovery housing service providers and analysts that— (A) use evidence-based approaches; (B) act in accordance with guidelines issued by the Assistant Secretary; (C) have not been found guilty of health care fraud, patient brokering, or false advertising by the Department of Justice, the Department of Health and Human Services, or a Medicaid Fraud Control Unit; (D) have not been found to have violated Federal, State, or local codes of conduct with respect to recovery housing for individuals with a substance use disorder; and (E) do not employ individuals with a past conviction of criminal, domestic, or sexual violence, or significant drug distribution, in the care or supervision of individuals. . 10. Technical correction Title V of the Public Health Service Act ( 42 U.S.C. 290aa et seq. ) is amended— (1) by redesignating section 550 (relating to Sobriety Treatment and Recovery Teams) ( 42 U.S.C. 290ee–10 ), as added by section 8214 of Public Law 115–271 , as section 550B; and (2) moving such section so it appears after section 550A (added by section 3 of this Act).
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https://www.govinfo.gov/content/pkg/BILLS-117s2901is/xml/BILLS-117s2901is.xml
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117-s-2902
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II 117th CONGRESS 1st Session S. 2902 IN THE SENATE OF THE UNITED STATES September 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 modernize Federal information security management, and for other purposes.
1. Short title This Act may be cited as the Federal Information Security Modernization Act of 2021 . 2. Table of contents The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Definitions. TITLE I—Updates to FISMA Sec. 101. Title 44 amendments. Sec. 102. Amendments to subtitle III of title 40. Sec. 103. Actions to enhance Federal incident response. Sec. 104. Additional guidance to agencies on FISMA updates. Sec. 105. Agency requirements to notify entities impacted by incidents. TITLE II—Improving Federal cybersecurity Sec. 201. Evaluation of effectiveness of standards. Sec. 202. Mobile security standards. Sec. 203. Quantitative cybersecurity metrics. Sec. 204. Data and logging retention for incident response. Sec. 205. CISA agency advisors. Sec. 206. Federal penetration testing policy. Sec. 207. Ongoing threat hunting program. Sec. 208. Codifying vulnerability disclosure programs. Sec. 209. Implementing presumption of compromise and zero trust architectures. Sec. 210. Automation reports. Sec. 211. Extension of Federal Acquisition Security Council. TITLE III—Pilot programs to enhance Federal cybersecurity Sec. 301. Continuous independent FISMA evaluation pilot. Sec. 302. Active cyber defensive pilot. Sec. 303. Security operations center as a service pilot. 3. Definitions In this Act, unless otherwise specified: (1) Additional cybersecurity procedure The term additional cybersecurity procedure has the meaning given the term in section 3552(b) of title 44, United States Code, as amended by this Act. (2) Agency The term agency has the meaning given the term in section 3502 of title 44, United States Code. (3) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate ; (B) the Committee on Oversight and Reform of the House of Representatives ; and (C) the Committee on Homeland Security of the House of Representatives. (4) Director The term Director means the Director of the Office of Management and Budget. (5) Incident The term incident has the meaning given the term in section 3552(b) of title 44, United States Code. (6) Penetration test The term penetration test has the meaning given the term in section 3552(b) of title 44, United States Code, as amended by this Act. (7) Threat hunting The term threat hunting means proactively and iteratively searching for threats to systems that evade detection by automated threat detection systems. (8) Verification specification The term verification specification means a specification developed under section 11331(f) of title 40, United States Code, as amended by this Act. I Updates to FISMA 101. Title 44 amendments (a) Subchapter I amendments Subchapter I of chapter 35 of title 44, United States Code, is amended— (1) in section 3504— (A) in subsection (a)(1)(B)(v), by striking confidentiality, security, disclosure, and sharing of information and inserting disclosure, sharing of information, and, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, confidentiality and security ; (B) in subsection (b)(2)(B), by inserting in coordination with the Director of the Cybersecurity and Infrastructure Security Agency after standards for security ; (C) in subsection (g), by striking paragraph (1) and inserting the following: (1) with respect to information collected or maintained by or for agencies— (A) develop and oversee the implementation of policies, principles, standards, and guidelines on privacy, disclosure, and sharing of the information; and (B) in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, develop and oversee policies, principles, standards, and guidelines on confidentiality and security of the information; and ; and (D) in subsection (h)(1)— (i) in the matter preceding subparagraph (A)— (I) by inserting the Director of the Cybersecurity and Infrastructure Security Agency, before the Director ; and (II) by inserting a comma before and the Administrator ; and (ii) in subparagraph (A), by inserting security and after information technology ; (2) in section 3505— (A) in paragraph (3) of the first subsection designated as subsection (c)— (i) in subparagraph (B)— (I) by inserting and the Director of the Cybersecurity and Infrastructure Security Agency after Comptroller General ; and (II) by striking and at the end; (ii) in subparagraph (C)(v), by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (D) maintained on a continual basis through the use of automation, machine-readable data, and scanning. ; and (B) by striking the second subsection designated as subsection (c); (3) in section 3506— (A) in subsection (b)— (i) in paragraph (1)(C), by inserting , availability after integrity ; and (ii) in paragraph (4), by inserting the Director of the Cybersecurity and Infrastructure Security Agency, after General Services, ; and (B) in subsection (h)(3), by inserting security, after efficiency, ; (4) in section 3513— (A) in subsection (a), by inserting the Director of the Cybersecurity and Infrastructure Security Agency, before the Administrator of General Services ; (B) by redesignating subsection (c) as subsection (d); and (C) by inserting after subsection (b) the following: (c) Each agency providing a written plan under subsection (b) shall provide any portion of the written plan addressing information security or cybersecurity to the Director of the Cybersecurity and Infrastructure Security Agency. ; and (5) in section 3520A(b)— (A) in paragraph (1), by striking , protection ; (B) by redesignating paragraphs (2), (3), (4), and (5) as paragraphs (3), (4), (5), and (6), respectively; and (C) by inserting after paragraph (1) the following: (2) in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, establish Governmentwide best practices for the protection of data; . (b) Suchapter II definitions (1) In general Section 3552(b) of title 44, United States Code, is amended— (A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (2), (3), (4), (5), (6), (9), and (11), respectively; (B) by inserting before paragraph (2), as so redesignated, the following: (1) The term additional cybersecurity procedure means a process, procedure, or other activity that is established in excess of the information security standards promulgated under section 11331(b) of title 40 to increase the security and reduce the cybersecurity risk of agency systems, such as continuous threat hunting, increased network segmentation, endpoint detection and response, or persistent penetration testing. ; (C) by inserting after paragraph (6), as so redesignated, the following: (7) The term high value asset means information or an information system that the head of an agency determines so critical to the agency that the loss or corruption of the information or the loss of access to the information system would have a serious impact on the ability of the agency to perform the mission of the agency or conduct business. (8) The term major incident has the meaning given the term in guidance issued by the Director under section 3598(a). ; (D) by inserting after paragraph (9), as so redesignated, the following: (10) The term penetration test means a specialized type of assessment that— (A) is conducted on an information system or a component of an information system; and (B) emulates an attack or other exploitation capability of a potential adversary, typically under specific constraints, in order to identify any vulnerabilities of an information system or a component of an information system that could be exploited. ; and (E) by inserting after paragraph (11), as so redesignated, the following: (12) The term shared service means a business or mission function that is provided for use by multiple organizations within or between agencies. (13) The term verification specification means a specification developed under section 11331(f) of title 40. . (2) Conforming amendments (A) Homeland Security Act of 2002 Section 1001(c)(1)(A) of the Homeland Security Act of 2002 ( 6 U.S.C. 511(1)(A) ) is amended by striking section 3552(b)(5) and inserting section 3552(b) . (B) Title 10 (i) Section 2222 Section 2222(i)(8) of title 10, United States Code, is amended by striking section 3552(b)(6)(A) and inserting section 3552(b)(9)(A) . (ii) Section 2223 Section 2223(c)(3) of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b) . (iii) Section 2315 Section 2315 of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b) . (iv) Section 2339a Section 2339a(e)(5) of title 10, United States Code, is amended by striking section 3552(b)(6) and inserting section 3552(b) . (C) High-Performance Computing Act of 1991 Section 207(a) of the High-Performance Computing Act of 1991 ( 15 U.S.C. 5527(a) ) is amended by striking section 3552(b)(6)(A)(i) and inserting section 3552(b)(9)(A)(i) . (D) Internet of Things Cybersecurity Improvement Act of 2020 Section 3(5) of the Internet of Things Cybersecurity Improvement Act of 2020 ( 15 U.S.C. 278g–3a ) is amended by striking section 3552(b)(6) and inserting section 3552(b) . (E) National Defense Authorization Act for Fiscal Year 2013 Section 933(e)(1)(B) of the National Defense Authorization Act for Fiscal Year 2013 ( 10 U.S.C. 2224 note) is amended by striking section 3542(b)(2) and inserting section 3552(b) . (F) Ike Skelton National Defense Authorization Act for Fiscal Year 2011 The Ike Skelton National Defense Authorization Act for Fiscal Year 2011 ( Public Law 111–383 ) is amended— (i) in section 806(e)(5) ( 10 U.S.C. 2304 note), by striking section 3542(b) and inserting section 3552(b) ; (ii) in section 931(b)(3) ( 10 U.S.C. 2223 note), by striking section 3542(b)(2) and inserting section 3552(b) ; and (iii) in section 932(b)(2) ( 10 U.S.C. 2224 note), by striking section 3542(b)(2) and inserting section 3552(b) . (G) E-Government Act of 2002 Section 301(c)(1)(A) of the E-Government Act of 2002 ( 44 U.S.C. 3501 note) is amended by striking section 3542(b)(2) and inserting section 3552(b) . (H) National Institute of Standards and Technology Act Section 20 of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3 ) is amended— (i) in subsection (a)(2), by striking section 3552(b)(5) and inserting section 3552(b) ; and (ii) in subsection (f)— (I) in paragraph (3), by striking section 3532(1) and inserting section 3552(b) ; and (II) in paragraph (5), by striking section 3532(b)(2) and inserting section 3552(b) . (c) Subchapter II amendments Subchapter II of chapter 35 of title 44, United States Code, is amended— (1) in section 3551— (A) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; (B) by inserting after paragraph (2) the following: (3) recognize the role of the Cybersecurity and Infrastructure Security Agency as the lead cybersecurity entity for operational coordination across the Federal Government; ; (C) in paragraph (5), as so redesignated, by striking diagnose and improve and inserting integrate, deliver, diagnose, and improve ; (D) in paragraph (6), as so redesignated, by striking and at the end; and (E) by adding at the end the following: (8) recognize that each agency has specific mission requirements and, at times, unique cybersecurity requirements to meet the mission of the agency; (9) recognize that each agency does not have the same resources to secure agency systems, and an agency should not be expected to have the capability to secure the systems of the agency from advanced adversaries alone; and (10) recognize that— (A) a holistic Federal cybersecurity model is necessary to account for differences between the missions and capabilities of agencies; and (B) in accounting for the differences described in subparagraph (A) and ensuring overall Federal cybersecurity— (i) the Office of Management and Budget is the leader for policy development and oversight of Federal cybersecurity; (ii) the Cybersecurity and Infrastructure Security Agency is the leader for implementing operations at agencies; and (iii) the National Cyber Director is responsible for developing the overall cybersecurity strategy of the United States and advising the President on matters relating to cybersecurity. ; (2) in section 3553, as amended by section 1705 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 )— (A) in subsection (a)— (i) in paragraph (1)— (I) by striking developing and and inserting in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, ; and (II) by inserting and associated verification specifications before promulgated ; and (ii) in paragraph (5), by inserting , in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, before agency compliance ; (B) in subsection (b)— (i) by striking the subsection heading and inserting Cybersecurity and Infrastructure Security Agency ; (ii) in the matter preceding paragraph (1), by striking the Secretary and inserting the Director of the Cybersecurity and Infrastructure Security Agency ; (iii) in paragraph (2)— (I) in subparagraph (A), by inserting and reporting requirements under subchapter IV of this title after section 3556 ; and (II) in subparagraph (D), by striking the Director or Secretary and inserting the Director of the Cybersecurity and Infrastructure Security Agency ; (iv) in paragraph (5), by striking coordinating and inserting leading the coordination of ; (v) in paragraph (6)— (I) in the matter preceding subparagraph (A), by inserting and verifications specifications before promulgated under ; (II) in subparagraph (C), by striking and at the end; (III) in subparagraph (D), by adding and at the end; and (IV) by adding at the end the following: (E) taking any other action that the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director— (i) may determine necessary; and (ii) is authorized to perform; ; (vi) in paragraph (8), by striking the Secretary's discretion and inserting the Director of the Cybersecurity and Infrastructure Security Agency's discretion ; and (vii) in paragraph (9), by striking as the Director or the Secretary, in consultation with the Director, and inserting as the Director of the Cybersecurity and Infrastructure Security Agency ; (C) in subsection (c)— (i) in paragraph (4), by striking and at the end; (ii) by redesignating paragraph (5) as paragraph (7); and (iii) by inserting after paragraph (4) the following: (5) an assessment of agency use of automated verification of standards for the standards promulgated under section 11331 of title 40 using verification specifications; (6) a summary of each assessment of Federal risk posture performed under subsection (i); and ; (D) in subsection (f)(2)(B), by striking conflict with and inserting reduce the security posture of agencies established under ; (E) by redesignating subsections (i), (j), (k), and (l) as subsections (j), (k), (l), and (m) respectively; (F) by inserting after subsection (h) the following: (i) Federal risk assessments The Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Director, shall perform, on an ongoing and continuous basis, assessments of Federal risk posture using any available information on the cybersecurity posture of agencies, including— (1) the status of agency cybersecurity remedial actions described in section 3554(b)(7); (2) any vulnerability information relating to the systems of an agency that is known by the agency; (3) analysis of incident information under section 3597; (4) evaluation of penetration testing performed under section 3559A; (5) evaluation of vulnerability disclosure program information under section 3559B; (6) evaluation of agency threat hunting results; (7) evaluation of Federal and non-Federal threat intelligence; (8) data on compliance with standards issued under section 11331 of title 40 that, when appropriate, uses verification specifications; (9) agency system risk assessments performed under section 3554(a)(1)(A); and (10) any other information the Secretary determines relevant. ; and (G) in subsection (j), as so redesignated— (i) by striking regarding the specific and inserting “that includes a summary of— (1) the specific ; (ii) in paragraph (1), as so designated, by striking the period at the end and inserting ; and and (iii) by adding at the end the following: (2) the trends identified in the Federal risk assessment performed under subsection (i). ; (3) in section 3554— (A) in subsection (a)— (i) in paragraph (1)— (I) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; (II) by inserting before subparagraph (B), as so redesignated, the following: (A) performing, not less frequently than once every 2 years or based on a significant change to system architecture or security posture, an agency system risk assessment that— (i) identifies and documents the high value assets of the agency using guidance from the Director; (ii) evaluates the data assets inventoried under section 3511 of title 44 for sensitivity to compromises in confidentiality, integrity, and availability; (iii) identifies agency systems that have access to or hold the data assets inventoried under section 3511 of title 44; (iv) evaluates the threats facing agency systems and data, including high value assets, based on Federal and non-Federal cyber threat intelligence products, where available; (v) evaluates the vulnerability of agency systems and data, including high value assets, based on— (I) the results of penetration testing performed by the Department of Homeland Security under section 3553(b)(9); (II) the results of penetration testing performed under section 3559A; (III) information provided to the agency through the vulnerability disclosure program of the agency under section 3559B; (IV) incidents; and (V) any other vulnerability information relating to agency systems that is known to the agency; (vi) assesses the impacts of potential agency incidents to agency systems, data, and operations based on the evaluations described in clauses (ii) and (iv) and the agency systems identified under clause (iii); and (vii) assesses the consequences of potential incidents occurring on agency systems that would impact systems at other agencies, including due to interconnectivity between different agency systems or operational reliance on the operations of the system or data in the system; ; (III) in subparagraph (B), as so redesignated— (aa) in the matter preceding clause (i), by striking providing information and inserting using information from the assessment conducted under subparagraph (A), providing, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, information ; (bb) in clause (i), by striking and at the end; (cc) in clause (ii), by adding and at the end; and (dd) by adding at the end the following: (iii) in consultation with the Director and the Director of the Cybersecurity and Infrastructure Security Agency, information or information systems used by agencies through shared services, memoranda of understanding, or other agreements; ; (IV) in subparagraph (C), as so redesignated— (aa) in clause (ii) by inserting binding before operational ; and (bb) in clause (vi), by striking and at the end; and (V) by adding at the end the following: (E) not later than 30 days after the date on which an agency system risk assessment is performed under subparagraph (A), providing the assessment to— (i) the Director; (ii) the Director of the Cybersecurity and Infrastructure Security Agency; and (iii) the National Cyber Director; (F) in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and not less frequently than annually, performing an evaluation of whether additional cybersecurity procedures are appropriate for securing a system of, or under the supervision of, the agency, which shall— (i) be completed considering the agency system risk assessment performed under subparagraph (A); and (ii) include a specific evaluation for high value assets; and (G) not later than 30 days after completing the evaluation performed under subparagraph (F), providing the evaluation and an implementation plan for using additional cybersecurity procedures determined to be appropriate to— (i) the Director of the Cybersecurity and Infrastructure Security Agency; (ii) the Director; and (iii) the National Cyber Director. ; (ii) in paragraph (2)— (I) in subparagraph (A), by inserting in accordance with the agency system risk assessment performed under paragraph (1)(A) after information systems ; (II) in subparagraph (B)— (aa) by striking in accordance with standards and inserting “in accordance with— (i) standards ; and (bb) by adding at the end the following: (ii) the evaluation performed under paragraph (1)(F); and (iii) the implementation plan described in paragraph (1)(G); ; and (III) in subparagraph (D), by inserting , through the use of penetration testing, the vulnerability disclosure program established under section 3559B, and other means, after periodically ; (iii) in paragraph (3)— (I) in subparagraph (B), by inserting , in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, after maintaining ; (II) in subparagraph (D), by striking and at the end; (III) in subparagraph (E), by adding and at the end; and (IV) by adding at the end the following: (F) implementing mechanisms for using verification specifications, or alternate verification specifications validated by the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director of the National Institute of Standards and Technology, to automatically verify the implementation of standards of agency systems promulgated under section 11331 of title 40 or any additional cybersecurity procedures, as applicable; ; and (iv) in paragraph (5), by inserting and the Director of the Cybersecurity and Infrastructure Security Agency before on the effectiveness ; (B) in subsection (b)— (i) by striking paragraph (1) and inserting the following: (1) pursuant to subsection (a)(1)(A), performing an agency system risk assessment, which shall include using automated tools consistent with standards, verification specifications, and guidelines promulgated under section 11331 of title 40, as applicable; ; (ii) in paragraph (2)(D)— (I) by redesignating clauses (iii) and (iv) as clauses (iv) and (v), respectively; (II) by inserting after clause (ii) the following: (iii) binding operational directives and emergency directives promulgated by the Director of the Cybersecurity and Infrastructure Security Agency under section 3553 of title 44; ; and (III) in clause (iv), as so redesignated, by striking as determined by the agency; and and inserting “as determined by the agency— (I) in coordination with the Director of the Cybersecurity and Infrastructure Security Agency; and (II) in consideration of— (aa) the agency risk assessment performed under subsection (a)(1)(A); and (bb) the determinations of applying more stringent standards and additional cybersecurity procedures pursuant to section 11331(c)(1) of title 40; and ; (iii) in paragraph (5)— (I) in subparagraph (A), by inserting , including penetration testing, as appropriate, after shall include testing ; and (II) in subparagraph (C), by inserting , verification specifications, after with standards ; (iv) in paragraph (6), by striking planning, implementing, evaluating, and documenting and inserting planning and implementing and, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, evaluating and documenting ; (v) by redesignating paragraphs (7) and (8) as paragraphs (9) and (10), respectively; (vi) by inserting after paragraph (6) the following: (7) a process for providing the status of every remedial action and known system vulnerability to the Director and the Director of the Cybersecurity and Infrastructure Security Agency, using automation and machine-readable data to the greatest extent practicable; (8) a process for providing the verification of the implementation of standards promulgated under section 11331 of title 40 using verification specifications, automation, and machine-readable data, to the Director and the Director of the Cybersecurity and Infrastructure Security Agency; ; and (vii) in paragraph (9)(C), as so redesignated— (I) by striking clause (ii) and inserting the following: (ii) notifying and consulting with the Federal information security incident center established under section 3556 pursuant to the requirements of section 3594; ; (II) by redesignating clause (iii) as clause (iv); (III) by inserting after clause (ii) the following: (iii) performing the notifications and other activities required under subchapter IV of this title; and ; and (IV) in clause (iv), as so redesignated— (aa) in subclause (I), by striking and relevant Offices of Inspector General ; (bb) in subclause (II), by adding and at the end; (cc) by striking subclause (III); and (dd) by redesignating subclause (IV) as subclause (III); (C) in subsection (c)— (i) in paragraph (1)— (I) in subparagraph (A)— (aa) in the matter preceding clause (i), by striking on the adequacy and effectiveness of information security policies, procedures, and practices, including and inserting that includes ; and (bb) in clause (ii), by inserting unless the Director issues a waiver to the agency under subparagraph (B)(iii), before the total number ; and (II) by striking subparagraph (B) and inserting the following: (B) Incident reporting waiver (i) Certification of agency information sharing If the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, determines that an agency shares any information relating to any incident pursuant to section 3594(a), the Director shall certify that the agency is in compliance with that section. (ii) Certification of issuing report If the Director determines that the Director of the Cybersecurity and Infrastructure Security Agency uses the information described in clause (i) with respect to a particular agency to submit to Congress an annex required under section 3597(c)(3) for that agency, the Director shall certify that the Cybersecurity and Infrastructure Security Agency is in compliance with that section with respect to that agency. (iii) Waiver The Director may waive the reporting requirement with respect to the information required to be included in the report under subparagraph (A)(ii) for a particular agency if— (I) the Director has issued a certification for the agency under clause (i); and (II) the Director has issued a certification with respect to the annex of the agency under clause (ii). (iv) Revocation of waiver or certifications (I) Waiver If, at any time, the Director determines that the Director of the Cybersecurity and Infrastructure Security Agency cannot submit to Congress an annex for a particular agency under section 3597(c)(3)— (aa) any waiver previously issued under clause (iii) with respect to that agency shall be considered void; and (bb) the Director shall revoke the certification for the annex of that agency under clause (ii). (II) Certifications If, at any time, the Director determines that an agency has not provided to the Director of the Cybersecurity and Infrastructure Security Agency the totality of incident information required under section 3594(a)— (aa) any waiver previously issued under clause (iii) with respect to that agency shall be considered void; and (bb) the Director shall revoke the certification for that agency under clause (i). (III) Reissuance If the Director revokes a waiver under this clause, the Director may issue a subsequent waiver if the Director issues new certifications under clauses (i) and (ii). ; (ii) by redesignating paragraphs (2) through (5) as paragraphs (4) through (7), respectively; and (iii) by inserting after paragraph (1) the following: (2) Biannual report Not later than 180 days after the date on which an agency completes an agency system risk assessment under subsection (a)(1)(A) and not less frequently than every 2 years, each agency shall submit to the Director, the Secretary, the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security of the House of Representatives, the appropriate authorization and appropriations committees of Congress, the National Cyber Director, and the Comptroller General of the United States a report that— (A) summarizes the agency system risk assessment performed under subsection (a)(1)(A); (B) evaluates the adequacy and effectiveness of information security policies, procedures, and practices of the agency to address the risks identified in the system risk assessment performed under subsection (a)(1)(A); and (C) summarizes the evaluations and implementation plans described in subparagraphs (F) and (G) of subsection (a)(1) and whether those evaluations and implementation plans call for the use of additional cybersecurity procedures determined to be appropriate by the agency. (3) Unclassified reports Each report submitted under paragraphs (1) and (2)— (A) shall be, to the greatest extent practicable, in an unclassified and otherwise uncontrolled form; and (B) may include a classified annex. ; and (D) in subsection (d)(1), in the matter preceding subparagraph (A), by inserting and the Director of the Cybersecurity and Infrastructure Security Agency after the Director ; (4) in section 3555— (A) in subsection (a)(2)(A), by inserting , including by penetration testing and analyzing the vulnerability disclosure program of the agency after information systems ; (B) by striking subsection (f) and inserting the following: (f) Protection of information (1) Agencies and evaluators shall take appropriate steps to ensure the protection of information which, if disclosed, may adversely affect information security. (2) The protections required under paragraph (1) shall be commensurate with the risk and comply with all applicable laws and regulations. (3) With respect to information that is not related to national security systems, agencies and evaluators shall make a summary of the information unclassified and publicly available, including information that does not identify— (A) specific information system incidents; or (B) specific information system vulnerabilities. ; (C) in subsection (g)(2)— (i) by striking this subsection shall and inserting “this subsection— (A) shall ; (ii) in subparagraph (A), as so designated, by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (B) identify any entity that performs an independent audit under subsection (b). ; and (D) in subsection (j), by striking the Secretary and inserting the Director of the Cyber Security and Infrastructure Security Agency ; and (5) in section 3556(a)— (A) in the matter preceding paragraph (1), by inserting within the Cybersecurity and Infrastructure Security Agency after incident center ; and (B) in paragraph (4), by striking 3554(b) and inserting 3554(a)(1)(A) . (d) Federal system incident response (1) In general Chapter 35 of title 44, United States Code, is amended by adding at the end the following: IV Federal System Incident Response 3591. Definitions (a) In general Except as provided in subsection (b), the definitions under sections 3502 and 3552 shall apply to this subchapter. (b) Additional definitions As used in this subchapter: (1) Appropriate notification entities The term appropriate notification entities means— (A) the Committee on Homeland Security and Governmental Affairs of the Senate; (B) the Committee on Oversight and Reform of the House of Representatives; (C) the Committee on Homeland Security of the House of Representatives; (D) the appropriate authorization and appropriations committees of Congress; (E) the Director; (F) the Director of the Cybersecurity and Infrastructure Security Agency; (G) the National Cyber Director; and (H) the Comptroller General of the United States. (2) Contractor The term contractor — (A) means any person or business that collects or maintains information that includes personally identifiable information or sensitive personal information on behalf of an agency; and (B) includes any subcontractor of a person or business described in subparagraph (A). (3) Intelligence community The term intelligence community has the meaning given the term in section 3 of the National Security Act of 1947 ( 50 U.S.C. 3003 ). (4) Nationwide consumer reporting agency The term nationwide consumer reporting agency means a consumer reporting agency described in section 603(p) of the Fair Credit Reporting Act ( 15 U.S.C. 1681a(p) ). (5) Vulnerability disclosure The term vulnerability disclosure means a vulnerability identified under section 3559B. 3592. Notification of high risk exposure after major incident (a) Notification As expeditiously as practicable and without unreasonable delay, and in any case not later than 30 days after an agency has a reasonable basis to conclude that a major incident has occurred due to a high risk exposure of personal identifiable information, as described in section 3598(c)(2), the head of the agency shall provide notice of the major incident in accordance with subsection (b) in writing to the last known home mailing address of each individual whom the major incident may have impacted. (b) Contents of notice Each notice to an individual required under subsection (a) shall include— (1) a description of the rationale for the determination that the major incident resulted in a high risk of exposure of the personal information of the individual; (2) an assessment of the type of risk the individual may face as a result of an exposure; (3) contact information for the Federal Bureau of Investigation or other appropriate entity; (4) the contact information of each nationwide consumer reporting agency; (5) the contact information for questions to the agency, including a telephone number, e-mail address, and website; (6) information on any remedy being offered by the agency; (7) consolidated Federal Government recommendations on what to do in the event of a major incident; and (8) any other appropriate information as determined by the head of the agency. (c) Delay of notification (1) In general The Attorney General, the Director of National Intelligence, or the Secretary of Homeland Security may impose a delay of a notification required under subsection (a) if the notification would disrupt a law enforcement investigation, endanger national security, or hamper security remediation actions. (2) Documentation (A) In general Any delay under paragraph (1) shall be reported in writing to the head of the agency, the Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the Office of Inspector General of the agency that experienced the major incident. (B) Contents A statement required under subparagraph (A) shall include a written statement from the entity that delayed the notification explaining the need for the delay. (C) Form The statement required under subparagraph (A) shall be unclassified, but may include a classified annex. (3) Renewal A delay under paragraph (1) shall be for a period of 2 months and may be renewed. (d) Update notification If an agency determines there is a change in the reasonable basis to conclude that a major incident occurred, or that there is a change in the details of the information provided to impacted individuals as described in subsection (b), the agency shall as expeditiously as practicable and without unreasonable delay, and in any case not later than 30 days after such a determination, notify all such individuals who received a notification pursuant to subsection (a) of those changes. (e) Rule of construction Nothing in this section shall be construed to limit— (1) the Director from issuing guidance regarding notifications or the head of an agency from sending notifications to individuals impacted by incidents not determined to be major incidents; or (2) the Director from issuing guidance regarding notifications of major incidents or the head of an agency from issuing notifications to individuals impacted by major incidents that contain more information than described in subsection (b). 3593. Congressional notifications and reports (a) Initial report (1) In general Not later than 5 days after the date on which an agency has a reasonable basis to conclude that a major incident occurred, the head of the agency shall submit a written notification and, to the extent practicable, provide a briefing, to the appropriate notification entities, taking into account— (A) the information known at the time of the notification; (B) the sensitivity of the details associated with the major incident; and (C) the classification level of the information contained in the notification. (2) Contents A notification required under paragraph (1) shall include— (A) a summary of the information available about the major incident, including how the major incident occurred, based on information available to agency officials as of the date on which the agency submits the report; (B) if applicable, an estimate of the number of individuals impacted by the major incident, including an assessment of the risk level to impacted individuals based on the guidance promulgated under section 3598(c)(1) and any information available to agency officials on the date on which the agency submits the report; (C) if applicable, a description and any associated documentation of any circumstances necessitating a delay in or exemption to notification granted under subsection (c) or (d) of section 3592; and (D) if applicable, an assessment of the impacts to the agency, the Federal Government, or the security of the United States, based on information available to agency officials on the date on which the agency submits the report. (b) Supplemental report Within a reasonable amount of time, but not later than 45 days after the date on which additional information relating to a major incident for which an agency submitted a written notification under subsection (a) is discovered by the agency, the head of the agency shall submit to the appropriate notification entities updates to the written notification that include summaries of— (1) the threats and threat actors, vulnerabilities, means by which the major incident occurred, and impacts to the agency relating to the major incident; (2) any risk assessment and subsequent risk-based security implementation of the affected information system before the date on which the major incident occurred; (3) the status of compliance of the affected information system with applicable security requirements at the time of the major incident; (4) an estimate of the number of individuals affected by the major incident based on information available to agency officials as of the date on which the agency submits the update; (5) an update to the assessment of the risk of harm to impacted individuals affected by the major incident based on information available to agency officials as of the date on which the agency submits the update; (6) an update to the assessment of the risk to agency operations, or to impacts on other agency or non-Federal entity operations, affected by the major incident based on information available to agency officials as of the date on which the agency submits the update; and (7) the detection, response, and remediation actions of the agency, including any support provided by the Cybersecurity and Infrastructure Security Agency under section 3594(d) and status updates on the notification process described in section 3592(a), including any delay or exemption described in subsection (c) or (d), respectively, of section 3592, if applicable. (c) Update Report If the agency determines that there is any significant change in the understanding of the agency of the scope, scale, or consequence of a major incident for which an agency submitted a written notification under subsection (a), the agency shall provide an updated report to the appropriate notification entities that includes information relating to the change in understanding. (d) Annual report Each agency shall submit as part of the annual report required under section 3554(c)(1) of this title a description of each major incident that occurred during the 1-year period preceding the date on which the report is submitted. (e) Delay and exemption report The Director shall submit to the appropriate notification entities an annual report on all notification delays and exemptions granted pursuant to subsections (c) and (d) of section 3592. (f) Report delivery Any written notification or report required to be submitted under this section may be submitted in a paper or electronic format. (g) Rule of construction Nothing in this section shall be construed to limit— (1) the ability of an agency to provide additional reports or briefings to Congress; or (2) Congress from requesting additional information from agencies through reports, briefings, or other means. (h) Binding operational directive If the Director of the Cybersecurity and Infrastructure Security Agency issues a binding operational directive or an emergency directive under section 3553, not later than 2 days after the date on which the binding operational directive requires an agency to take an action, each agency shall provide to the appropriate notification entities the status of the implementation of the binding operational directive at the agency. 3594. Government information sharing and incident response (a) In general (1) Incident reporting The head of each agency shall provide any information relating to any incident, whether the information is obtained by the Federal Government directly or indirectly, to the Cybersecurity and Infrastructure Security Agency and the Office of Management and Budget. (2) Contents A provision of information relating to an incident made by the head of an agency under paragraph (1) shall— (A) include detailed information about the safeguards that were in place when the incident occurred; (B) whether the agency implemented the safeguards described in subparagraph (A) correctly; and (C) in order to protect against a similar incident, identify— (i) how the safeguards described in subparagraph (A) should be implemented differently; and (ii) additional necessary safeguards. (b) Compliance The information provided under subsection (a) shall— (1) take into account the level of classification of the information and any information sharing limitations relating to law enforcement; and (2) be in compliance with the requirements limiting the release of information under section 552a of title 5 (commonly known as the Privacy Act of 1974 ). (c) Responding to information requests from agencies experiencing incidents An agency that receives a request from another agency or Federal entity for information specifically intended to assist in the remediation or notification requirements due to an incident shall provide that information to the greatest extent possible, in accordance with guidance issued by the Director and taking into account classification, law enforcement, national security, and compliance with section 552a of title 5 (commonly known as the Privacy Act of 1974 ). (d) Incident response Each agency that has a reasonable basis to conclude that a major incident occurred, regardless of delays from notification granted for a major incident, shall consult with the Cybersecurity and Infrastructure Security Agency regarding— (1) incident response and recovery; and (2) recommendations for mitigating future incidents. 3595. Responsibilities of contractors and grant recipients (a) Notification (1) In general Subject to paragraph (3), any contractor of an agency or recipient of a grant from an agency that has a reasonable basis to conclude that an incident involving Federal information has occurred shall immediately notify the agency. (2) Procedures (A) Major incident Following notification of a major incident by a contractor or recipient of a grant under paragraph (1), an agency, in consultation with the contractor or grant recipient, as applicable, shall carry out the requirements under sections 3592, 3593, and 3594 with respect to the major incident. (B) Incident Following notification of an incident by a contractor or recipient of a grant under paragraph (1), an agency, in consultation with the contractor or grant recipient, as applicable, shall carry out the requirements under section 3594 with respect to the incident. (3) Applicability This subsection shall apply to a contractor of an agency or a recipient of a grant from an agency that— (A) receives information from the agency that the contractor or recipient, as applicable, is not contractually authorized to receive; (B) experiences an incident relating to Federal information on an information system of the contractor or recipient, as applicable; or (C) identifies an incident involving a Federal information system. (b) Incident response Any contractor of an agency or recipient of a grant from an agency that has a reasonable basis to conclude that a major incident occurred shall, in coordination with the agency, consult with the Cybersecurity and Infrastructure Security Agency regarding— (1) incident response assistance; and (2) recommendations for mitigating future incidents at the agency. (c) Effective date This section shall apply on and after the date that is 1 year after the date of enactment of the Federal Information Security Modernization Act of 2021 . 3596. Training (a) In general Each agency shall develop training for individuals at the agency with access to Federal information or information systems on how to identify and respond to an incident, including— (1) the internal process at the agency for reporting an incident; and (2) the obligation of the individual to report to the agency a confirmed major incident and any suspected incident, involving information in any medium or form, including paper, oral, and electronic. (b) Applicability The training developed under subsection (a) shall— (1) be required for an individual before the individual may access Federal information or information systems; and (2) apply to individuals with temporary access to Federal information or information systems, such as detailees, contractors, subcontractors, grantees, volunteers, and interns. (c) Inclusion in annual training The training developed under subsection (a) may be included as part of an annual privacy or security awareness training of the agency, as applicable. 3597. Analysis and report on Federal incidents (a) Definition of compromise In this section, the term compromise means— (1) an incident; (2) a result of a penetration test in which the tester successfully gains access to a system within the standards under section 3559A; (3) a vulnerability disclosure; or (4) any other event that the Director of the Cybersecurity and Infrastructure Security Agency determines identifies an exploitable vulnerability in an agency system. (b) Analysis of Federal incidents (1) In general The Director of the Cybersecurity and Infrastructure Security Agency shall perform continuous monitoring of compromises of agencies. (2) Quantitative and Qualitative analyses The Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, shall develop and perform continuous monitoring and quantitative and qualitative analyses of compromises of agencies, including— (A) the causes of successful compromises, including— (i) attacker tactics, techniques, and procedures; and (ii) system vulnerabilities, including zero days, unpatched systems, and information system misconfigurations; (B) the scope and scale of compromises of agencies; (C) cross Federal Government root causes of compromises of agencies; (D) agency response, recovery, and remediation actions and effectiveness of incidents, as applicable; and (E) lessons learned and recommendations in responding, recovering, remediating, and mitigating future incidents. (3) Automated analysis The analyses developed under paragraph (2) shall, to the greatest extent practicable, use machine readable data, automation, and machine learning processes. (4) Sharing of data and analysis (A) In general The Director shall share on an ongoing basis the analyses required under this subsection with agencies to— (i) improve the understanding of agencies with respect to risk; and (ii) support the cybersecurity improvement efforts of agencies. (B) Format In carrying out subparagraph (A), the Director shall share the analyses— (i) in human-readable written products; and (ii) to the greatest extent practicable, in machine-readable formats in order to enable automated intake and use by agencies. (c) Annual report on Federal compromises Not later than 2 years after the date of enactment of this section, and not less frequently than annually thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, shall submit to the appropriate notification entities a report that includes— (1) a summary of causes of compromises from across the Federal Government that categorizes those compromises by the items described in paragraphs (1) through (4) of subsection (a); (2) the quantitative and qualitative analyses of compromises developed under subsection (b)(2) on an agency-by-agency basis and comprehensively; and (3) an annex for each agency that includes the total number of compromises of the agency and categorizes those compromises by the items described in paragraphs (1) through (4) of subsection (a). (d) Publication A version of each report submitted under subsection (c) shall be made publicly available on the website of the Cybersecurity and Infrastructure Security Agency during the year in which the report is submitted. (e) Information provided by agencies The analysis required under subsection (b) and each report submitted under subsection (c) shall utilize information provided by agencies pursuant to section 3594(d). (f) Requirement To Anonymize Information In publishing the public report required under subsection (d), the Director of the Cybersecurity and Infrastructure Security Agency shall sufficiently anonymize and compile information such that no specific incidents of an agency can be identified, except with the concurrence of the Director of the Office of Management and Budget and in consultation with the impacted agency. 3598. Major incident guidance (a) In general Not later than 90 days after the date of enactment of the Federal Information Security Management Act of 2021, the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop and promulgate guidance on the definition of the term major incident for the purposes of subchapter II and this subchapter. (b) Requirements With respect to the guidance issued under subsection (a), the definition of the term major incident shall— (1) include, with respect to any information collected or maintained by or on behalf of an agency or an information system used or operated by an agency or by a contractor of an agency or another organization on behalf of an agency— (A) any incident the head of the agency determines is likely to have an impact on the national security, homeland security, or economic security of the United States; (B) any incident the head of the agency determines is likely to have an impact on the operations of the agency, a component of the agency, or the Federal Government, including an impact on the efficiency or effectiveness of agency information systems; (C) any incident that the head of an agency, in consultation with the Chief Privacy Officer of the agency, determines involves a high risk incident in accordance with the guidance issued under subsection (c)(1); (D) any incident that involves the unauthorized disclosure of personally identifiable information of not less than 500 individuals, regardless of the risk level determined under the guidance issued under subsection (c)(1); (E) any incident the head of the agency determines involves a high value asset owned or operated by the agency; and (F) any other type of incident determined appropriate by the Director; (2) stipulate that every agency shall be considered to have experienced a major incident if the Director of the Cybersecurity and Infrastructure Security Agency determines that an incident that occurs at not less than 2 agencies— (A) is enabled by a common technical root cause, such as a supply chain compromise, a common software or hardware vulnerability; or (B) is enabled by the related activities of a common actor; and (3) stipulate that, in determining whether an incident constitutes a major incident because that incident— (A) is any incident described in paragraph (1), the head of an agency shall consult with the Director of the Cybersecurity and Infrastructure Security Agency; (B) is an incident described in paragraph (1)(A), the head of the agency shall consult with the National Cyber Director; and (C) is an incident described in subparagraph (C) or (D) of paragraph (1), the head of the agency shall consult with— (i) the Privacy and Civil Liberties Oversight Board; and (ii) the Executive Director of the Federal Trade Commission. (c) Guidance on risk to individuals (1) In general Not later than 90 days after the date of enactment of the Federal Information Security Modernization Act of 2021 , the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, the Privacy and Civil Liberties Oversight Board, and the Executive Director of the Federal Trade Commission, shall develop and issue guidance to agencies that establishes a risk-based framework for determining the level of risk that an incident involving personally identifiable information could result in substantial harm, physical harm, embarrassment, or unfairness to an individual. (2) Risk levels and considerations The risk-based framework included in the guidance issued under paragraph (1) shall— (A) include a range of risk levels, including a high risk level; and (B) consider— (i) any personally identifiable information that was exposed as a result of an incident; (ii) the circumstances under which the exposure of personally identifiable information of an individual occurred; and (iii) whether an independent evaluation of the information affected by an incident determines that the information is unreadable, including, as appropriate, instances in which the information is— (I) encrypted; and (II) determined by the Director of the Cybersecurity and Infrastructure Security Agency to be of sufficiently low risk of exposure. (3) Approval (A) In general The guidance issued under paragraph (1) shall include a process by which the Director, jointly with the Director of the Cybersecurity and Infrastructure Security Agency and the Attorney General, may approve the designation of an incident that would be considered high risk as lower risk if information exposed by the incident is unreadable, as described in paragraph (2)(B)(iii). (B) Documentation The Director shall report any approval of an incident granted by the Director under subparagraph (A) to— (i) the head of the agency that experienced the incident; (ii) the inspector general of the agency that experienced the incident; and (iii) the Director of the Cybersecurity and Infrastructure Security Agency. (d) Evaluation and updates Not later than 2 years after the date of enactment of the Federal Information Security Modernization Act of 2021 , and not less frequently than every 2 years thereafter, the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives an evaluation, which shall include— (1) an update, if necessary, to the guidance issued under subsections (a) and (c); (2) the definition of the term major incident included in the guidance issued under subsection (a); (3) an explanation of, and the analysis that led to, the definition described in paragraph (2); and (4) an assessment of any additional datasets or risk evaluation criteria that should be included in the risk-based framework included in the guidance issued under subsection (c)(1). . (2) Clerical amendment The table of sections for chapter 35 of title 44, United States Code, is amended by adding at the end the following: SUBCHAPTER IV—Federal System Incident Response 3591. Definitions. 3592. Notification of high risk exposure after major incident. 3593. Congressional notifications and reports. 3594. Government information sharing and incident response. 3595. Responsibilities of contractors and grant recipients. 3596. Training. 3597. Analysis and report on Federal incidents. 3598. Major incident guidance. . 102. Amendments to subtitle III of title 40 (a) Information Technology Modernization Centers of Excellence Program Act Section 2(c)(4)(A)(ii) of the Information Technology Modernization Centers of Excellence Program Act ( 40 U.S.C. 11301 note) is amended by striking the period at the end and inserting , which shall be provided in coordination with the Director of the Cybersecurity and Infrastructure Security Agency. . (b) Modernizing Government Technology Subtitle G of title X of Division A of the National Defense Authorization Act for Fiscal Year 2018 ( 40 U.S.C. 11301 note) is amended— (1) in section 1077(b)— (A) in paragraph (5)(A), by inserting improving the cybersecurity of systems and before cost savings activities ; and (B) in paragraph (7)— (i) in the paragraph heading, by striking cio and inserting CIO ; (ii) by striking In evaluating projects and inserting the following: (A) Consideration of guidance In evaluating projects ; (iii) in subparagraph (A), as so designated, by striking under section 1094(b)(1) and inserting guidance issued by the Director ; and (iv) by adding at the end the following: (B) Consultation In using funds under paragraph (3)(A), the Chief Information Officer of the covered agency shall consult with the Director of the Cybersecurity and Infrastructure Security Agency. ; and (2) in section 1078— (A) by striking subsection (a) and inserting the following: (a) Definitions In this section: (1) Agency The term agency has the meaning given the term in section 551 of title 5, United States Code. (2) High value asset The term high value asset has the meaning given the term in section 3552 of title 44, United States Code. ; (B) in subsection (b), by adding at the end the following: (8) Proposal evaluation The Director shall— (A) give consideration for the use of amounts in the Fund to improve the security of high value assets; and (B) require that any proposal for the use of amounts in the Fund includes a cybersecurity plan, including a chain risk management plan, to be reviewed by the member of the Technology Modernization Board described in subsection (c)(5)(C). ; and (C) in subsection (c)— (i) in paragraph (2)(A)(i), by inserting , including a consideration of the impact on high value assets after operational risks ; (ii) in paragraph (5)— (I) in subparagraph (A), by striking and at the end; (II) in subparagraph (B), by striking the period at the end and inserting and ; and (III) by adding at the end the following: (C) a senior official from the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security, appointed by the Director. ; and (iii) in paragraph (6)(A), by striking shall be— and all that follows through 4 employees and inserting shall be 4 employees . (c) Subchapter I Subchapter I of subtitle III of title 40, United States Code, is amended— (1) in section 11302— (A) in subsection (b), by striking use, security, and disposal of and inserting use, and disposal, and, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, promote and improve the security, of ; (B) in subsection (c)— (i) in paragraph (2), by inserting in consultation with the Director of the Cybersecurity and Infrastructure Security Agency before , and results of ; (ii) in paragraph (3)— (I) in subparagraph (A), by striking , and performance and inserting security, and performance ; and (II) in subparagraph (C)— (aa) by striking For each major and inserting the following: (i) In general For each major ; and (bb) by adding at the end the following: (ii) Cybersecurity In categorizing an investment according to risk under clause (i), the Chief Information Officer of the covered agency shall consult with the Director of the Cybersecurity and Infrastructure Security Agency on the cybersecurity or supply chain risk. (iii) Security risk guidance The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance for the categorization of an investment under clause (i) according to the cybersecurity or supply chain risk. ; and (iii) in paragraph (4)— (I) in subparagraph (A)— (aa) in clause (ii), by striking and at the end; (bb) in clause (iii), by striking the period at the end and inserting ; and ; and (cc) by adding at the end the following: (iv) in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, the cybersecurity risks of the investment. ; and (II) in subparagraph (B), in the matter preceding clause (i), by inserting not later than 30 days after the date on which the review under subparagraph (A) is completed, before the Administrator ; (C) in subsection (f)— (i) by striking heads of executive agencies to develop and inserting “heads of executive agencies to— (1) develop ; (ii) in paragraph (1), as so designated, by striking the period at the end and inserting ; and ; and (iii) by adding at the end the following: (2) consult with the Director of the Cybersecurity and Infrastructure Security Agency for the development and use of supply chain security best practices. ; and (D) in subsection (h), by inserting , including cybersecurity performances, after the performances ; and (2) in section 11303(b)(2)(B)— (A) in clause (i), by striking or at the end; (B) in clause (ii), by adding or at the end; and (C) by adding at the end the following: (iii) whether the function should be performed by a shared service offered by another executive agency; . (d) Subchapter II Subchapter II of subtitle III of title 40, United States Code, is amended— (1) in section 11312(a), by inserting , including security risks after managing the risks ; (2) in section 11313(1), by striking efficiency and effectiveness and inserting efficiency, security, and effectiveness ; (3) in section 11317, by inserting security, before or schedule ; and (4) in section 11319(b)(1), in the paragraph heading, by striking cios and inserting Chief Information Officers . (e) Subchapter III Section 11331 of title 40, United States Code, is amended— (1) in subsection (a), by striking section 3532(b)(1) and inserting section 3552(b) ; (2) in subsection (b)(1)(A)— (A) by striking in consultation and inserting in coordination ; (B) by striking the Secretary of Homeland Security and inserting the Director of the Cybersecurity and Infrastructure Security Agency ; and (C) by inserting and associated verification specifications developed under subsection (g) before pertaining to Federal ; (3) by striking subsection (c) and inserting the following: (c) Application of more stringent standards (1) In general The head of an agency shall— (A) evaluate the need to employ standards for cost-effective, risk-based information security for all systems, operations, and assets within or under the supervision of the agency that are more stringent than the standards promulgated by the Director under this section, if such standards contain, at a minimum, the provisions of those applicable standards made compulsory and binding by the Director; and (B) to the greatest extent practicable and if the head of the agency determines that the standards described in subparagraph (A) are necessary, employ those standards. (2) Evaluation of more stringent standards In evaluating the need to employ more stringent standards under paragraph (1), the head of an agency shall consider available risk information, including— (A) the status of cybersecurity remedial actions of the agency; (B) any vulnerability information relating to agency systems that is known to the agency; (C) incident information of the agency; (D) information from— (i) penetration testing performed under section 3559A of title 44; and (ii) information from the verification disclosure program established under section 3559B of title 44; (E) agency threat hunting results under section 207 of the Federal Information Security Modernization Act of 2021 ; (F) Federal and non-Federal threat intelligence; (G) data on compliance with standards issued under this section, using the verification specifications developed under subsection (f) when appropriate; (H) agency system risk assessments of the agency performed under section 3554(a)(1)(A) of title 44; and (I) any other information determined relevant by the head of the agency. ; (4) in subsection (d)(2)— (A) by striking the paragraph heading and inserting Consultation, notice, and comment ; (B) by inserting promulgate, before significantly modify ; and (C) by striking shall be made after the public is given an opportunity to comment on the Director's proposed decision. and inserting “shall be made— (A) for a decision to significantly modify or not promulgate such a proposed standard, after the public is given an opportunity to comment on the Director's proposed decision; (B) in consultation with the Chief Information Officers Council, the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, the Comptroller General of the United States, and the Council of the Inspectors General on Integrity and Efficiency; (C) considering the Federal risk assessments performed under section 3553(i) of title 44; and (D) considering the extent to which the proposed standard reduces risk relative to the cost of implementation of the standard. ; and (5) by adding at the end the following: (e) Review of promulgated standards (1) In general Not less frequently than once every 2 years, the Director of the Office of Management and Budget, in consultation with the Chief Information Officers Council, the Director of the Cybersecurity and Infrastructure Security Agency, the National Cyber Director, the Comptroller General of the United States, and the Council of the Inspectors General on Integrity and Efficiency shall review the efficacy of the standards in effect promulgated under this section in reducing cybersecurity risks and determine whether any changes to those standards are appropriate based on— (A) the Federal risk assessment developed under section 3553(i) of title 44; (B) public comment; and (C) an assessment of the extent to which the proposed standards reduce risk relative to the cost of implementation of the standards. (2) Updated guidance Not later than 90 days after the date of the completion of the review under paragraph (1), the Director of the Office of Management and Budget shall issue guidance to agencies to make any necessary updates to the standards in effect promulgated under this section based on the results of the review. (3) Congressional report Not later than 30 days after the date on which a review is completed under paragraph (1), the Director shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a report that includes— (A) the review of the standards in effect promulgated under this section conducted under paragraph (1); (B) the risk mitigation offered by each standard described in subparagraph (A); and (C) a summary of— (i) the standards to which changes were determined appropriate during the review; and (ii) anticipated changes to the standards under this section in guidance issued under paragraph (2). (f) Verification specifications Not later than 1 year after the date on which the Director of the National Institute of Standards and Technology issues a proposed standard pursuant to paragraphs (2) and (3) of section 20(a) of the National Institute of Standards and Technology Act ( 15 U.S.C. 278g–3(a) ), the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director of the National Institute of Standards and Technology, as practicable, shall develop technical specifications to enable the automated verification of the implementation of the controls within the standard. . 103. Actions to enhance Federal incident response (a) Responsibilities of the Cybersecurity and Infrastructure Security Agency (1) Recommendations Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Chair of the Federal Trade Commission, the Chair of the Securities and Exchange Commission, the Secretary of the Treasury, the Director of the Federal Bureau of Investigation, the Director of the National Institute of Standards and Technology, and the head of any other appropriate Federal or non-Federal entity, shall consolidate, maintain, and make publicly available recommendations for individuals whose personal information, as defined in section 3591 of title 44, United States Code, as added by this Act, is inappropriately exposed as a result of a high risk incident described in section 3598(c)(2) of title 44, United States Code. (2) Plan for analysis of, and report on, Federal incidents (A) In general Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall— (i) develop a plan for the development of the analysis required under section 3597(b) of title 44, United States Code, as added by this Act, and the report required under subsection (c) of that section that includes— (I) a description of any challenges the Director anticipates encountering; and (II) the use of automation and machine-readable formats for collecting, compiling, monitoring, and analyzing data; and (ii) provide to the appropriate congressional committees a briefing on the plan developed under clause (i). (B) Briefing Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the appropriate congressional committees a briefing on— (i) the execution of the plan required under subparagraph (A); and (ii) the development of the report required under section 3597(c) of title 44, United States Code, as added by this Act. (b) Responsibilities of the Director of the Office of Management and Budget (1) FISMA Section 2 of the Federal Information Security Modernization Act of 2014 ( 44 U.S.C. 3554 note) is amended— (A) by striking subsection (b); and (B) by redesignating subsections (c) through (f) as subsections (b) through (e), respectively. (2) Incident data sharing (A) In general The Director shall develop guidance, to be updated not less frequently than once every 2 years, on the content, timeliness, and format of the information provided by agencies under section 3594(a) of title 44, United States Code, as added by this Act. (B) Requirements The guidance developed under subparagraph (A) shall— (i) prioritize the availability of data necessary to understand and analyze— (I) the causes of incidents; (II) the scope and scale of incidents within the agency networks and systems; (III) cross Federal Government root causes of incidents; (IV) agency response, recovery, and remediation actions; and (V) the effectiveness of incidents; (ii) enable the efficient development of— (I) lessons learned and recommendations in responding to, recovering from, remediating, and mitigating future incidents; and (II) the report on Federal compromises required under section 3597(c) of title 44, United States Code, as added by this Act; (iii) include requirements for the timeliness of data production; and (iv) include requirements for using automation and machine-readable data for data sharing and availability. (3) Guidance on responding to information requests Not later than 1 year after the date of enactment of this Act, the Director shall develop guidance for agencies to implement the requirement under section 3594(c) of title 44, United States Code, as added by this Act, to provide information to other agencies experiencing incidents. (4) Standard guidance and templates Not later than 1 year after the date of enactment of this Act, the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop guidance and templates, to be reviewed and, if necessary, updated not less frequently than once every 2 years, for use by Federal agencies in the activities required under sections 3592, 3593, and 3596 of title 44, United States Code, as added by this Act. (5) Contractor and grantee guidance (A) In general Not later than 1 year after the date of enactment of this Act, the Director, in coordination with the Secretary of Homeland Security, the Secretary of Defense, the Administrator of General Services, and the heads of other agencies determined appropriate by the Director, shall issue guidance to Federal agencies on how to deconflict existing regulations, policies, and procedures relating to the responsibilities of contractors and grant recipients established under section 3595 of title 44, United States Code, as added by this Act. (B) Existing processes To the greatest extent practicable, the guidance issued under subparagraph (A) shall allow contractors and grantees to use existing processes for notifying Federal agencies of incidents involving information of the Federal Government. (6) Updated briefings Not less frequently than once every 2 years, the Director shall provide to the appropriate congressional committees an update on the guidance and templates developed under paragraphs (2) through (4). (c) Update to the Privacy Act of 1974 Section 552a(b) of title 5, United States Code (commonly known as the Privacy Act of 1974 ) is amended— (1) in paragraph (11), by striking or at the end; (2) in paragraph (12), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (13) to another agency in furtherance of a response to an incident (as defined in section 3552 of title 44) and pursuant to the information sharing requirements in section 3594 of title 44 if the head of the requesting agency has made a written request to the agency that maintains the record specifying the particular portion desired and the activity for which the record is sought. . 104. Additional guidance to agencies on FISMA updates Not later than 1 year after the date of enactment of this Act, the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance for agencies on— (1) completing the agency system risk assessment required under section 3554(a)(1)(A) of title 44, United States Code, as amended by this Act; (2) implementing additional cybersecurity procedures, which shall include resources for shared services; (3) establishing a process for providing the status of each remedial action under section 3554(b)(7) of title 44, United States Code, as amended by this Act, to the Director and the Cybersecurity and Infrastructure Security Agency using automation and machine-readable data, as practicable, which shall include— (A) specific standards for the automation and machine-readable data; and (B) templates for providing the status of the remedial action; (4) interpreting the definition of high value asset in section 3552 of title 44, United States Code, as amended by this Act; (5) implementing standards in agency authorization processes to encourage the tailoring of processes to agency and system risk that are proportionate to the sensitivity of systems, which shall include— (A) a clarification of— (i) the acceptable use and development of customization of standards promulgated under section 11331 of title 40, United States Code; and (ii) the acceptable use of risk-based authorization procedures authorized on the date of enactment of this Act; and (B) a requirement to coordinate with Inspectors Generals of agencies to ensure consistent understanding and application of agency policies for the purpose of Inspector General audits; and (6) requiring, as practicable and pursuant to section 203, an evaluation of agency cybersecurity using metrics that are— (A) based on outcomes; and (B) based on time. 105. Agency requirements to notify entities impacted by incidents Not later than 180 days after the date of enactment of this Act, the Director shall issue guidance that requires agencies to notify entities that are compelled to share sensitive information with the agency of an incident that impacts— (1) sensitive information shared with the agency by the entity; or (2) the systems used to the transmit sensitive information described in paragraph (1) to the agency. II Improving Federal cybersecurity 201. Evaluation of effectiveness of standards (a) In general As a component of the evaluation and report required under section 3555(h) of title 44, United States Code, and not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall perform a study that— (1) assesses the standards promulgated under section 11331(b) of title 40, United States Code to determine the degree to which agencies use the authority under section 11331(c)(1) of title 40, United States Code to customize the standards relative to the risks facing each agency and agency system; (2) assesses the effectiveness of the standards described in paragraph (1), including any standards customized by agencies under section 11331(c)(1) of title 40, United States Code, at improving agency cybersecurity; (3) examines the quantification of cybersecurity risk in the private sector for any applicability for use by the Federal Government; (4) examines cybersecurity metrics existing as of the date of enactment of this Act used by the Director, the Director of the Cybersecurity and Infrastructure Security Agency, and the heads of other agencies to evaluate the effectiveness of information security policies and practices; and (5) with respect to the standards described in paragraph (1), provides recommendations for— (A) the addition or removal of standards; or (B) the customization of— (i) the standards by agencies under section 11331(c)(1) of title 40, United States Code; or (ii) specific controls within the standards. (b) Incorporation of study The Director shall incorporate the results of the study performed under subsection (a) into the review of standards required under section 11331(e) of title 40, United States Code. (c) Briefing Not later than 30 days after the date on which the study performed under subsection (a) is completed, the Comptroller General of the United States shall provide to the appropriate congressional committees a briefing on the study. 202. Mobile security standards (a) In general Not later than 1 year after the date of enactment of this Act, the Director shall— (1) evaluate mobile application security standards promulgated under section 11331(b) of title 44, United States Code; and (2) issue guidance to implement mobile security standards in effect on the date of enactment of this Act promulgated under section 11331(b) of title 40, United States Code, including for mobile applications, for every agency. (b) Contents The guidance issued under subsection (a)(2) shall include— (1) a requirement, pursuant to section 3506(b)(4) of title 44, United States Code, for every agency to maintain a continuous inventory of every— (A) mobile device operated by or on behalf of the agency; (B) mobile application installed on a mobile device described in subparagraph (A); and (C) vulnerability identified by the agency associated with a mobile device or mobile application described in subparagraphs (A) and (B); and (2) a requirement for every agency to perform continuous evaluation of the vulnerabilities described in paragraph (1)(C) and other risks. (c) Information sharing The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance to agencies for sharing the inventory of the agency required under subsection (b)(1) with the Director of the Cybersecurity and Infrastructure Security Agency, using automation and machine-readable data to the greatest extent practicable. (d) Briefing Not later than 60 days after the date on which the Director issues guidance under subsection (a)(2), the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall provide to the appropriate congressional committees a briefing on the guidance. 203. Quantitative cybersecurity metrics (a) Establishing time-Based metrics (1) In general Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall— (A) update the metrics used to measure security under section 3554 of title 44, United States Code, including any metrics developed pursuant to section 224(c) of the Cybersecurity Act of 2015 ( 6 U.S.C. 1522(c) ), to include standardized metrics to quantitatively evaluate and identify trends in agency cybersecurity performance, including performance for incident response; and (B) evaluate the metrics described in subparagraph (A). (2) Qualities With respect to the updated metrics required under paragraph (1)— (A) not less than 2 of the metrics shall be time-based; and (B) the metrics may include other measurable outcomes. (3) Evaluation The evaluation required under paragraph (1)(B) shall evaluate— (A) the amount of time it takes for an agency to detect an incident; and (B) the amount of time that passes between— (i) the detection and remediation of an incident; and (ii) the remediation of an incident and the recovery from the incident. (b) Implementation (1) In general The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall promulgate guidance that requires the use of the updated metrics developed under subsection (a)(1)(A) by every agency over a 4-year period beginning on the date on which the metrics are developed to track trends in the incident response capabilities of agencies. (2) Penetration tests On not less than 2 occasions during the 2-year period following the date on which guidance is promulgated under paragraph (1), not less than 3 agencies shall be subjected to substantially similar penetration tests in order to validate the utility of the metrics developed under subsection (a)(1)(A). (3) Database The Director of the Cybersecurity and Infrastructure Security Agency shall develop and use a database that— (A) stores agency metrics information; and (B) allows for the performance of cross-agency comparison of agency incident response capability trends. (c) Updated metrics (1) In general The Director may issue guidance that updates the metrics developed under subsection (a)(1)(A) if the updated metrics— (A) have the qualities described in subsection (a)(2); and (B) can be evaluated under subsection (a)(3). (2) Data sharing The guidance issued under paragraph (1) shall require agencies to share with the Director of the Cybersecurity and Infrastructure Security Agency data demonstrating the performance of the agency with the updated metrics included in that guidance against the metrics developed under subsection (a)(1)(A). (d) Congressional reports (1) Updated metrics Not later than 30 days after the date on which the Director of the Cybersecurity and Infrastructure Security completes the evaluation required under subsection (a)(1)(B), the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the appropriate congressional committees a report on the updated metrics developed under subsection (a)(1)(A). (2) Program Not later than 180 days after the date on which guidance is promulgated under subsection (b)(1), the Director shall submit to the appropriate congressional committees a report on the results of the use of the updated metrics developed under subsection (a)(1)(A) by agencies. 204. Data and logging retention for incident response (a) Recommendations Not later than 60 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Attorney General and the National Cyber Director, shall submit to the Director recommendations on requirements for logging events on agency systems and retaining other relevant data within the systems and networks of an agency. (b) Contents The recommendations provided under subsection (a) shall include— (1) the types of logs to be maintained; (2) the time periods to retain the logs and other relevant data; (3) the time periods for agencies to enable recommended logging and security requirements; (4) how to ensure the confidentiality, integrity, and availability of logs; (5) requirements to ensure that, upon request, agencies provide logs to— (A) the Director of the Cybersecurity and Infrastructure Security Agency for a cybersecurity purpose; and (B) the Federal Bureau of Investigation to investigate potential criminal activity; and (6) ensuring the highest level security operations center of each agency has visibility into all agency logs. (c) Guidance Not later than 90 days after receiving the recommendations submitted under subsection (a), the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the Attorney General, shall promulgate guidance to agencies to establish requirements for logging, log retention, log management, and sharing of log data with other appropriate agencies. (d) Periodic review Not later than 2 years after the date on which the Director of the Cybersecurity and Infrastructure Security Agency submits the recommendations required under subsection (a), and not less frequently than every 2 years thereafter, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Attorney General, shall evaluate the recommendations and provide an update on the recommendations to the Director as necessary. 205. CISA agency advisors (a) In general Not later than 120 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall assign not less than 1 cybersecurity professional employed by the Cybersecurity and Infrastructure Security Agency to be the Cybersecurity and Infrastructure Security Agency advisor to the Chief Information Officer of each agency. (b) Qualifications Each advisor assigned under subsection (a) shall have knowledge of— (1) cybersecurity threats facing agencies, including any specific threats to the assigned agency; (2) performing risk assessments of agency systems; and (3) other Federal cybersecurity initiatives. (c) Duties The duties of each advisor assigned under subsection (a) shall include— (1) providing ongoing assistance and advice, as requested, to the agency Chief Information Officer; (2) serving as an incident response point of contact between the assigned agency and the Cybersecurity and Infrastructure Security Agency; and (3) familiarizing themselves with agency systems, processes, and procedures to better facilitate support to the agency in responding to incidents. (d) Limitation An advisor assigned under subsection (a) shall not be a contractor. (e) Multiple assignments One individual advisor made be assigned to multiple agency Chief Information Officers under subsection (a). 206. Federal penetration testing policy (a) In general Subchapter II of chapter 35 of title 44, United States Code, is amended by adding at the end the following: 3559A. Federal penetration testing (a) Definitions In this section: (1) Agency operational plan The term agency operational plan means a plan of an agency for the use of penetration testing. (2) Rules of engagement The term rules of engagement means a set of rules established by an agency for the use of penetration testing. (b) Guidance (1) In general Not later than 180 days after the date of enactment of this Act, the Director shall issue guidance that— (A) requires agencies to use, when and where appropriate, penetration testing on agency systems; and (B) requires agencies to develop an agency operational plan and rules of engagement that meet the requirements under subsection (c). (2) Penetration testing guidance The guidance issued under this section shall— (A) permit an agency to use, for the purpose of performing penetration testing— (i) a shared service of the agency or another agency; or (ii) an external entity, such as a vendor; (B) include templates and frameworks for reporting the results of penetration testing, without regard to the status of the entity that performs the penetration testing; and (C) require agencies to provide the rules of engagement and results of penetration testing to the Director and the Director of the Cybersecurity and Infrastructure Security Agency, without regard to the status of the entity that performs the penetration testing. (c) Agency plans and rules of engagement The agency operational plan and rules of engagement of an agency shall— (1) require the agency to perform penetration testing on the high value assets of the agency; (2) establish guidelines for avoiding, as a result of penetration testing— (A) adverse impacts to the operations of the agency; (B) adverse impacts to operational networks and systems of the agency; and (C) inappropriate access to data; (3) require the results of penetration testing to include feedback to improve the cybersecurity of the agency; and (4) include mechanisms for providing consistently formatted, and, if applicable, automated and machine-readable, data to the Director and the Director of the Cybersecurity and Infrastructure Security Agency. (d) Responsibilities of CISA The Director of the Cybersecurity and Infrastructure Security Agency shall— (1) establish a certification process for the performance of penetration testing by both Federal and non-Federal entities that establishes minimum quality controls for penetration testing; (2) develop operational guidance for instituting penetration testing programs at agencies; (3) develop and maintain a centralized capability to offer penetration testing as a service to Federal and non-Federal entities; and (4) provide guidance to agencies on the best use of penetration testing resources. (e) Responsibilities of OMB The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall— (1) not less frequently than annually, inventory all Federal penetration testing assets; and (2) develop and maintain a Federal strategy for the use of penetration testing. (f) Prioritization of penetration testing resources (1) In general The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall develop a framework for prioritizing Federal penetration testing resources among agencies. (2) Considerations In developing the framework under this subsection, the Director shall consider— (A) agency system risk assessments performed under section 3554(a)(1)(A); (B) the Federal risk assessment performed under section 3553(i); (C) the analysis of Federal incident data performed under section 3597; and (D) any other information determined appropriate by the Director or the Director of the Cybersecurity and Infrastructure Security Agency. . (b) Clerical amendment The table of sections for chapter 35 of title 44, United States Code, is amended by adding after the item relating to section 3559 the following: 3559A. Federal penetration testing. . (c) Penetration testing by the Secretary of Homeland Security Section 3553(b) of title 44, United States Code, as amended by section 1705 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) and section 101, is further amended— (1) in paragraph (8)(B), by striking and at the end; (2) by redesignating paragraph (9) as paragraph (10); and (3) by inserting after paragraph (8) the following: (9) performing penetration testing with or without advance notice to, or authorization from, agencies, to identify vulnerabilities within Federal information systems; and . 207. Ongoing threat hunting program (a) Threat hunting program (1) In general Not later than 540 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall establish a program to provide ongoing, hypothesis-driven threat-hunting services on the network of each agency. (2) Plan Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall develop a plan to establish the program required under paragraph (1) that describes how the Director of the Cybersecurity and Infrastructure Security Agency plans to— (A) determine the method for collecting, storing, accessing, and analyzing appropriate agency data; (B) provide on-premises support to agencies; (C) staff threat hunting services; (D) allocate available human and financial resources to implement the plan; and (E) provide input to the heads of agencies on the use of— (i) more stringent standards under section 11331(c)(1) of title 40, United States Code; and (ii) additional cybersecurity procedures under section 3554 of title 44, United States Code. (b) Reports The Director of the Cybersecurity and Infrastructure Security Agency shall submit to the appropriate congressional committees— (1) not later than 30 days after the date on which the Director of the Cybersecurity and Infrastructure Security Agency completes the plan required under subsection (a)(2), a report on the plan to provide threat hunting services to agencies; (2) not less than 30 days before the date on which the Director of the Cybersecurity and Infrastructure Security Agency begins providing threat hunting services under the program, a report providing any updates to the plan developed under subsection (a)(2); and (3) not later than 1 year after the date on which the Director of the Cybersecurity and Infrastructure Security Agency begins providing threat hunting services to agencies other than the Cybersecurity and Infrastructure Security Agency, a report describing lessons learned from providing those services. 208. Codifying vulnerability disclosure programs (a) In general Chapter 35 of title 44 of United States Code is amended by inserting after section 3559A, as added by section 206 of this Act, the following: 3559B. Federal vulnerability disclosure programs (a) Definitions In this section: (1) Report The term report means a vulnerability disclosure made to an agency by a reporter. (2) Reporter The term reporter means an individual that submits a vulnerability report pursuant to the vulnerability disclosure process of an agency. (b) Responsibilities of OMB (1) Limitation on legal action The Director, in consultation with the Attorney General, shall issue guidance to agencies to not recommend or pursue legal action against a reporter or an individual that conducts a security research activity that the head of the agency determines— (A) represents a good faith effort to follow the vulnerability disclosure policy developed under subsection (d)(2) of the agency; and (B) is authorized under the vulnerability disclosure policy developed under subsection (d)(2) of the agency. (2) Sharing information with CISA The Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall issue guidance to agencies on sharing relevant information in a consistent, automated, and machine readable manner with the Cybersecurity and Infrastructure Security Agency, including— (A) any valid or credible reports of newly discovered or not publicly known vulnerabilities (including misconfigurations) on an agency information system that uses commercial software or services; (B) information relating to vulnerability disclosure, coordination, or remediation activities of an agency, particularly as those activities relate to outside organizations— (i) with which the head of the agency believes the Director of the Cybersecurity and Infrastructure Security can assist; or (ii) about which the head of the agency believes the Director of the Cybersecurity and Infrastructure Security should know; and (C) any other information with respect to which the head of the agency determines helpful or necessary to involve the Cybersecurity and Infrastructure Security Agency. (3) Agency vulnerability disclosure policies (A) In general The Director shall issue guidance to agencies on the required minimum scope of agency systems covered by the vulnerability disclosure policy of an agency required under subsection (d)(2). (B) Deadline Not later than 2 years after the date of enactment of the Federal Information Security Modernization Act of 2021 , the Director shall update the guidance issued under subparagraph (A) to require that every agency system that is connected to the internet is covered by the vulnerability disclosure policy of the agency. (c) Responsibilities of CISA The Director of the Cybersecurity and Infrastructure Security Agency shall— (1) provide support to agencies with respect to the implementation of the requirements of this section; (2) develop tools, processes, and other mechanisms determined appropriate to offer agencies capabilities to implement the requirements of this section; and (3) upon a request by an agency, assist the agency in the disclosure to vendors of newly identified vulnerabilities in vendor products and services. (d) Responsibilities of agencies (1) Public information The head of each agency shall make publicly available, with respect to each internet domain under the control of the agency that is not a national security system— (A) an appropriate security contact; and (B) the component of the agency that is responsible for the internet accessible services offered at the domain. (2) Vulnerability disclosure policy The head of each agency shall develop and make publicly available a vulnerability disclosure policy for the agency, which shall— (A) describe— (i) the scope of the systems of the agency included in the vulnerability disclosure policy; (ii) the type of information system testing that is authorized by the agency; (iii) the type of information system testing that is not authorized by the agency; and (iv) the disclosure policy of the agency for sensitive information; (B) include a provision that authorizes the anonymous submission of a vulnerability by a reporter; (C) with respect to a report to an agency, describe— (i) how the reporter should submit the report; and (ii) if the report is not anonymous under subparagraph (B), when the reporter should anticipate an acknowledgment of receipt of the report by the agency; and (D) include any other relevant information. (3) Identified vulnerabilities The head of each agency shall incorporate any vulnerabilities reported under paragraph (2) into the vulnerability management process of the agency in order to track and remediate the vulnerability. (e) Paperwork Reduction Act exemption The requirements of subchapter I (commonly known as the Paperwork Reduction Act ) shall not apply to a vulnerability disclosure program established under this section. (f) Congressional reporting Not later than 90 days after the date of enactment of the Federal Information Security Modernization Act of 2021 , and annually thereafter for a 3-year period, the Director shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Reform of the House of Representatives a briefing on the status of the use of vulnerability disclosure policies under this section at agencies, including, with respect to the guidance issued under subsection (b)(3), an identification of the agencies that are compliant and not compliant. . (b) Clerical amendment The table of sections for chapter 35 of title 44, United States Code, is amended by adding after the item relating to section 3559A the following: 3559B. Federal vulnerability disclosure programs. . 209. Implementing presumption of compromise and zero trust architectures (a) Recommendations Not later than 60 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director of the National Institute of Standards and Technology, shall develop recommendations to increase the internal defenses of agency systems to— (1) limit the ability of entities that cause incidents to move laterally through or between agency systems; (2) identify incidents more quickly; (3) isolate and remove unauthorized entities from agency systems more quickly; (4) implement zero trust architecture; and (5) otherwise increase the resource costs for entities that cause incidents; and (b) OMB Guidance Not later than 180 days after the date on which the recommendations under subsection (a) are completed, the Director shall issue guidance to agencies that requires the implementation of the recommendations. (c) Agency implementation plans Not later than 60 days after the date on which the Director issues guidance under subsection (b), the head of each agency shall submit to the Director a plan to implement zero trust architecture that includes— (1) a description of any steps the agency has completed; (2) an identification of activities that will have the most immediate security impact; and (3) a schedule to implement the plan. (d) Report and briefing Not later than 90 days after the date on which the Director issues guidance required under subsection (b), the Director shall provide a briefing to the appropriate congressional committees on the guidance and the agency implementation plans submitted under subsection (c). 210. Automation reports (a) OMB Report Not later than 180 days after the date of enactment of this Act, the Director shall submit to the appropriate congressional committees a report on the use of automation under paragraphs (1), (5)(C) and (7)(B) of section 3554(b) of title 44, United States Code. (b) GAO Report Not later than 1 year after the date of enactment of this Act, the Comptroller General of the United States shall perform a study on the use of automation and machine readable data across the Federal Government for cybersecurity purposes, including the automated updating of cybersecurity tools, sensors, or processes by agencies. 211. Extension of Federal Acquisition Security Council Section 1328 of title 41, United States Code, is amended by striking the date and all that follows and inserting December 31, 2026. . III Pilot programs to enhance Federal cybersecurity 301. Continuous independent FISMA evaluation pilot (a) In general Not later than 2 years after the date of enactment of this Act, the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall establish a pilot program to perform continual agency auditing of the standards promulgated under section 11331 of title 40, United States Code. (b) Purpose (1) In general The purpose of the pilot program established under subsection (a) shall be to develop the capability to continuously audit agency cybersecurity postures, rather than performing an annual audit. (2) Use of information It is the sense of Congress that information relating to agency cybersecurity postures should be used, on an ongoing basis, to increase agency understanding of cybersecurity risk and improve agency cybersecurity. (c) Participating agencies (1) In general The Director, in coordination with the Council of the Inspectors General on Integrity and Efficiency and in consultation with the Director of the Cybersecurity and Infrastructure Security Agency, shall identify not less than 1 agency and the Inspector General of each identified agency to participate in the pilot program established under subsection (a). (2) Capabilities of agency An agency selected under paragraph (1) shall have advanced cybersecurity capabilities, including the capability to implement verification specifications and other automated and machine-readable means of sharing information. (3) Capabilities of Inspector General The Inspector General of an agency selected under paragraph (1) shall have advanced cybersecurity capabilities, including the ability— (A) to perform real-time or almost real-time and continuous analysis of the use of verification specifications by the agency to assess compliance with standards promulgated under section 11331 of title 40, United States Code; and (B) to assess the impact and deployment of additional cybersecurity procedures. (d) Duties The Director, in coordination with the Council of the Inspectors General on Integrity and Efficiency, the Director of the Cybersecurity and Infrastructure Security Agency, and the head of each agency participating in the pilot program under subsection (c), shall develop processes and procedures to perform a continuous independent evaluation of— (1) the compliance of the agency with— (A) the standards promulgated under section 11331 of title 40, United States Code, using verification specifications to the greatest extent practicable; and (B) any additional cybersecurity procedures implemented by the agency as a result of the evaluation performed under section 3554(a)(1)(F) of title 44, United States Code; and (2) the overall cybersecurity posture of the agency, which may include an evaluation of— (A) the status of cybersecurity remedial actions of the agency; (B) any vulnerability information relating to agency systems that is known to the agency; (C) incident information of the agency; (D) penetration testing performed by an external entity under section 3559A of title 44, United States Code; (E) information from the vulnerability disclosure program information established under section 3559B of title 44, United States Code; (F) agency threat hunting results; and (G) any other information determined relevant by the Director. (e) Independent evaluation waiver With respect to an agency that participates in the pilot program under subsection (a) during any year other than the first year during which the pilot program is conducted, the Director, with the concurrence of the Director of the Cybersecurity and Infrastructure Security Agency, may waive any requirement of the agency with respect to the annual independent evaluation under section 3555 of title 44, United States Code. (f) Duration The pilot program established under this section— (1) shall be performed over a period of not less than 2 years at each agency that participates in the pilot program under subsection (c), unless the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the Council of the Inspectors General on Integrity and Efficiency, determines that continuing the pilot program would reduce the cybersecurity of the agency; and (2) may be extended by the Director, in consultation with the Director of the Cybersecurity and Infrastructure Security Agency and the Council of the Inspectors General on Integrity and Efficiency, if the Director makes the determination described in paragraph (1). (g) Reports (1) Pilot program plan Before identifying any agencies to participate in the pilot program under subsection (c), the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and the Council of the Inspectors General on Integrity and Efficiency, shall submit to the appropriate congressional committees a plan for the pilot program that outlines selection criteria and preliminary plans to implement the pilot program. (2) Briefing Before commencing a continuous independent evaluation of any agency under the pilot program established under subsection (a), the Director shall provide to the appropriate congressional committees a briefing on— (A) the selection of agencies to participate in the pilot program; and (B) processes and procedures to perform a continuous independent evaluation of agencies. (3) Pilot results Not later than 60 days after the final day of each year during which an agency participates in the pilot program established under subsection (a), the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency and the Council of the Inspectors General on Integrity and Efficiency, shall submit to the appropriate congressional committees a report on the results of the pilot program for each agency that participates in the pilot program during that year. 302. Active cyber defensive pilot (a) Definition In this section, the term active defense technique — (1) means an action taken on the systems of an entity to increase the security of information on the network of an agency by misleading an adversary; and (2) includes a honeypot, deception, or purposefully feeding false or misleading data to an adversary when the adversary is on the systems of the entity. (b) Study Not later than 180 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall perform a study on the use of active defense techniques to enhance the security of agencies, which shall include— (1) a review of legal restrictions on the use of different active cyber defense techniques on Federal networks; (2) an evaluation of— (A) the efficacy of a selection of active defense techniques determined by the Director of the Cybersecurity and Infrastructure Security Agency; and (B) factors that impact the efficacy of the active defense techniques evaluated under subparagraph (A); and (3) the development of a framework for the use of different active defense techniques by agencies. (c) Pilot program Not later than 180 days after the date of enactment of this Act, the Director, in coordination with the Director of the Cybersecurity and Infrastructure Security Agency, shall establish a pilot program at not less than 2 agencies to implement, and assess the effectiveness of, not less than 1 active cyber defense technique. (d) Purpose The purpose of the pilot program established under subsection (c) shall be to— (1) identify any statutory or policy limitations on using active defense techniques; (2) understand the efficacy of using active defense techniques; and (3) implement the use of effective techniques to improve agency systems. (e) Plan Not later than 360 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency, in coordination with the Director, shall develop a plan to offer any active defense technique determined to be successful during the pilot program established under subsection (c) as a shared service to other agencies. (f) Reports Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall— (1) provide to the appropriate congressional committees a briefing on— (A) the results of the study performed under subsection (b); and (B) the agencies selected to participate in the pilot program established under subsection (c); (2) submit to the appropriate congressional committees a report on the results of the pilot program established under subsection (c), including any recommendations developed from the results of the pilot program; and (3) submit to the appropriate congressional committees a copy of the plan developed under subsection (e). (g) Sunset (1) In general The requirements of this section shall terminate on the date that is 3 years after the date of enactment of this Act. (2) Authority to continue use of techniques Notwithstanding paragraph (1), after the date described in paragraph (1), the Director of the Cybersecurity and Infrastructure Security Agency may continue to offer any active defense technique determined to be successful during the pilot program established under subsection (c) as a shared service to agencies. 303. Security operations center as a service pilot (a) Purpose The purpose of this section is for the Cybersecurity and Infrastructure Security Agency to run a security operation center on behalf of another agency, alleviating the need to duplicate this function at every agency, and empowering a greater centralized cybersecurity capability. (b) Plan Not later than 1 year after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall develop a plan to establish a centralized Federal security operations center shared service offering within the Cybersecurity and Infrastructure Security Agency. (c) Contents The plan required under subsection (b) shall include considerations for— (1) collecting, organizing, and analyzing agency information system data in real time; (2) staffing and resources; and (3) appropriate interagency agreements, concepts of operations, and governance plans. (d) Pilot program (1) In general Not later than 180 days after the date on which the plan required under subsection (b) is developed, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, shall enter into a 1-year agreement with not less than 2 agencies to offer a security operations center as a shared service. (2) Additional agreements After the date on which the briefing required under subsection (e)(1) is provided, the Director of the Cybersecurity and Infrastructure Security Agency, in consultation with the Director, may enter into additional 1-year agreements described in paragraph (1) with agencies. (e) Briefing and report (1) Briefing Not later than 260 days after the date of enactment of this Act, the Director of the Cybersecurity and Infrastructure Security Agency shall provide to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Oversight and Reform of the House of Representatives a briefing on the parameters of any 1-year agreements entered into under subsection (d)(1). (2) Report Not later than 90 days after the date on which the first 1-year agreement entered into under subsection (d) expires, the Director of the Cybersecurity and Infrastructure Security Agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Homeland Security and the Committee on Oversight and Reform of the House of Representatives a report on— (A) the agreement; and (B) any additional agreements entered into with agencies under subsection (d).
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II 117th CONGRESS 1st Session S. 2903 IN THE SENATE OF THE UNITED STATES September 30, 2021 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 establish executive education activities on emerging technologies for appropriate general and flag officers and senior executive-level civilian leaders, and for other purposes.
1. Short title This Act may be cited as the Emerging Technologies Professional Military Education Act of 2021 . 2. Executive education on emerging technologies for senior civilian and military leaders (a) Establishment of course Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall establish executive education activities on emerging technologies for appropriate general and flag officers and senior executive-level civilian leaders that are designed specifically to prepare new general and flag officers and senior executive-level civilian leaders on relevant technologies and how these technologies may be applied to military and business activities in the Department of Defense. (b) Plan for participation (1) In general The Secretary of Defense shall develop a plan for participation in executive education activities established under subsection (a). (2) Requirements As part of such plan, the Secretary shall ensure that, not later than five years after the date of the establishment of the activities under subsection (a), all appropriate general flag officers and senior executive-level civilian leaders are— (A) required to complete the executive education activities under such subsection; and (B) certified as having successfully completed the executive education activities. (c) Report (1) In general Not later than the date that is three years after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the status of the implementation of the activities required by subsection (a). (2) Contents The report submitted under paragraph (1) shall include the following: (A) A description of the new general and flag officers and senior executive-level civilian leaders for whom the education activities have been designated. (B) A recommendation with respect to continuing or expanding the activities required under subsection (a).
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II 117th CONGRESS 1st Session S. 2904 IN THE SENATE OF THE UNITED STATES September 30, 2021 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 establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into Department of Defense platforms, processes, and operations, and for other purposes.
1. Short title This Act may be cited as the Department of Defense Artificial Intelligence Metrics Act of 2021 . 2. Artificial intelligence metrics (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall— (1) review the potential applications of artificial intelligence and digital technology to Department of Defense platforms, processes, and operations; and (2) establish performance objectives and accompanying metrics for the incorporation of artificial intelligence and digital readiness into such platforms, processes, and operations. (b) Performance objectives and accompanying metrics (1) Skill gaps In carrying out subsection (a), the Secretary shall require each secretary of a military department and the head of each component of the Department shall— (A) (i) conduct a comprehensive review of skill gaps in the fields of software development, software engineering, knowledge management, data science, and artificial intelligence; (ii) assess the number and qualifications of civilian personnel needed for both management and specialist tracks in such fields; (iii) assess the number of military personnel (officer and enlisted) needed for both management and specialist tracks in such fields; and (B) establish recruiting, training, and talent management performance objectives and accompanying metrics for achieving and maintaining staffing levels needed to fill identified gaps and meet the needs of the Department for skilled personnel. (2) AI modernization activities In carrying out subsection (a), the Secretary shall— (A) assess investment by the Department in artificial intelligence innovation, science and technology, and research and development; (B) assess investment by the Department in test and evaluation of artificial intelligence capabilities; and (C) establish performance objectives and accompanying metrics for artificial intelligence modernization activities of the Department. (3) Exercises, wargames, and experimentation To assist the Secretary in carrying out subsection (a), the Chairman of the Joint Chiefs of Staff shall— (A) assess the integration of artificial intelligence into war-games, exercises, and experimentation; and (B) develop performance objectives and accompanying metrics for such integration. (4) Logistics and sustainment In carrying out subsection (a), the Secretary shall require the Under Secretary of Defense for Acquisition and Sustainment— (A) to assess the application of artificial intelligence in logistics and sustainment systems; and (B) to establish performance objectives and accompanying metrics for integration of artificial intelligence in the Department of Defense logistics and sustainment enterprise. (5) Business AI applications In carrying out subsection (a), the Secretary of Defense shall— (A) assess the integration of artificial intelligence for administrative functions that can be performed with robotic process automation and artificial intelligence-enabled analysis; and (B) establish performance objectives and accompanying metrics for the integration of artificial intelligence in priority business process areas of the Department, including the following: (i) Human resources. (ii) Budget and finance, including audit. (iii) Retail. (iv) Real estate. (v) Health care. (vi) Logistics. (vii) Such other business processes as the Secretary considers appropriate. (c) Report to Congress Not later than 120 days after the completion of the review required by subsection (a)(1), the Secretary shall submit to the congressional defense committees (as defined in section 101(a) of title 10, United States Code) a report on— (1) the findings of the Secretary with respect to the review and any action taken or proposed to be taken by the Secretary to address such findings; and (2) the performance objectives and accompanying metrics established under subsections (a)(2) and (b).
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II 117th CONGRESS 1st Session S. 2905 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Rounds introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To improve requirements relating to establishment of a consortium of universities to advise the Secretary of Defense on cybersecurity matters, and for other purposes.
1. Short title This Act may be cited as the University Cybersecurity Consortia Improvement Act of 2021 . 2. Improvements to consortium of universities to advise Secretary of Defense on cybersecurity matters (a) In general Section 1659 of the National Defense Authorization Act for Fiscal Year 2020 ( Public Law 116–92 ; 10 U.S.C. 391 note) is amended— (1) in subsection (a), in the matter before paragraph (1), by striking one or more consortia and inserting a consortium ; and (2) in subsection (c), by amending paragraph (1) to read as follows: (1) Designation of administrative chair The Secretary of Defense shall designate the National Defense University College of Information and Cyberspace to function as the administrative chair of the consortium established under subsection (a). . (b) Conforming amendments Such section is further amended— (1) in subsection (a)(1), by striking or consortia ; (2) in subsection (b), by striking or consortia ; (3) in subsection (c)— (A) by striking paragraph (2); (B) by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively; (C) in paragraph (2), as redesignated by subparagraph (B)— (i) in the matter before subparagraph (A)— (I) by striking Each administrative and inserting The administrative ; and (II) by striking a consortium and inserting the consortium ; and (ii) in subparagraph (A), by striking for the term specified by the Secretary under paragraph (1) ; (D) by amending paragraph (3), as redesignated by subparagraph (B), to read as follows: (3) Executive committee The Secretary, in consultation with the administrative chair, may form an executive committee for the consortium that is comprised of representatives of the Federal Government to assist the chair with the management and functions of the consortium. ; and (4) by amending subsection (d) to read as follows: (d) Consultation The Secretary shall meet with such members of the consortium as the Secretary considers appropriate, not less frequently than twice each year or at such periodicity as is agreed to by the Secretary and the consortium. .
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II 117th CONGRESS 1st Session S. 2906 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Rounds introduced the following bill; which was read twice and referred to the Committee on Armed Services A BILL To add certain items to the list of high priority goods and services for analyses, recommendations, and actions related to sourcing and industrial capacity.
1. Short title This Act may be cited as the Defense Domestic Producers Act of 2021 . 2. Addition of certain items to list of high priority goods and services for analyses, recommendations, and actions related to sourcing and industrial capacity Section 849 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 ( Public Law 116–283 ) is amended— (1) in subsection (a)(1)(A)— (A) by redesignating clauses (ii), (iii), and (iv) as clauses (iii), (iv), and (v), respectively; and (B) by inserting after clause (i) the following new clause: (ii) producers in the United States; ; and (2) in subsection (c), by adding at the end the following new paragraphs: (14) Beef products born, raised, and slaughtered in the United States. (15) Molybdenum and molybdenum alloys. (16) Optical transmission equipment, including optical fiber and cable equipment. (17) Armor on tactical ground vehicles. .
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117-s-2907
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II 117th CONGRESS 1st Session S. 2907 IN THE SENATE OF THE UNITED STATES September 30, 2021 Ms. Warren (for herself, Ms. Baldwin , Ms. Smith , Mr. Padilla , Mr. Wyden , Ms. Klobuchar , Mr. Booker , Mr. Blumenthal , Mr. Markey , Mr. Luján , Mr. Merkley , Mr. Heinrich , Ms. Cortez Masto , and Mr. Schatz ) introduced the following bill; which was read twice and referred to the Committee on Indian Affairs A BILL To establish the Truth and Healing Commission on Indian Boarding School Policies in the United States, and for other purposes.
1. Short title This Act may be cited as the Truth and Healing Commission on Indian Boarding School Policies Act . 2. Findings Congress finds that— (1) assimilation processes, such as the Indian Boarding School Policies, were adopted by the United States Government to strip American Indian, Alaska Native, and Native Hawaiian children of their Indigenous identities, beliefs, and languages to assimilate them into non-Native culture through federally funded and controlled Christian-run schools, which had the intent and, in many cases, the effect, of termination, with dire and intentional consequences on the cultures and languages of Indigenous peoples; (2) assimilation processes can be traced back to— (A) the enactment of the Act of March 3, 1819 (3 Stat. 516, chapter 85) (commonly known as the Indian Civilization Fund Act of 1819 ), which created a fund to administer the education, healthcare, and rations promised to Tribal nations under treaties those Tribal nations had with the United States; and (B) the Grant Administration's peace policy with Tribal nations in 1868, which, among other things, authorized amounts in the fund established under the Act of March 3, 1819 (3 Stat. 516, chapter 85) (commonly known as the Indian Civilization Fund Act of 1819 ), to be used by churches; (3) according to research from the National Native American Boarding School Healing Coalition, the Federal Government funded church-run boarding schools for Native Americans from 1819 through the 1960s under the Act of March 3, 1819 (3 Stat. 516, chapter 85), which authorized the forced removal of hundreds of thousands of American Indian and Alaska Native children as young as 3 years old, relocating them from their traditional homelands to 1 of at least 367 known Indian boarding schools, of which 73 remain open today, across 30 States; (4) beginning in 1820, missionaries from the United States arrived in Hawai‘i, bringing a similar desire to civilize Native Hawaiians and convert Hawaiian heathens to Christians, establishing day schools and boarding schools that followed models first imposed on Tribal nations on the East Coast of the United States; (5) as estimated by David Wallace Adams, professor emeritus of history and education at Cleveland State University in Ohio, by 1926, nearly 83 percent of American Indian and Alaska Native school-age children were enrolled in Indian boarding schools in the United States, but, the full extent of the Indian Boarding School Policies has yet to be fully examined by— (A) the Federal Government or the churches who ran those schools; or (B) other entities who profited from the existence of those schools; (6) General Richard Henry Pratt, the founder and superintendent of the Carlisle Indian Industrial School in Carlisle, Pennsylvania, stated that the ethos of Indian Boarding School Policies was to kill the Indian in him, and save the man ; (7) in 1878, General Pratt brought a group of American Indian warriors held as prisoners of war to what was then known as the Hampton Agricultural and Industrial School in Hampton, Virginia, for a residential experiment in the education of Indigenous people; (8) prior to arriving to the Hampton Agricultural and Industrial School in 1878, the American Indian warriors held as prisoners of war had already spent 3 years imprisoned, during which time they were forced to shave their traditionally grown hair, dress in military uniforms, participate in Christian worship services, and adopt an English name; (9) General Samuel C. Armstrong, founder and, in 1878, principal, of the Hampton Agricultural and Industrial School, was influenced by his parents and other missionaries in the United States involved in the education of Native Hawaiian children; (10) General Armstrong modeled the Hampton Agricultural and Industrial School after the Hilo Boarding School in Hawai‘i, a missionary-run boarding school that targeted high performing Native Hawaiians to become indoctrinated in Protestant ideology, which was similar to boarding schools led by missionaries in the similarly sovereign Five Tribes of Oklahoma, including the Cherokee and Chickasaw; (11) in addition to bringing a group of American Indian warriors held as prisoners of war to the Hampton Agricultural and Industrial School in 1878, General Pratt influenced Sheldon Jackson, a Presbyterian missionary who, in 1885, was appointed by the Secretary of the Interior to be a General Agent of Education in the Alaska Territory; (12) Hampton Agricultural and Industrial School continued as a boarding school for American Indians, Alaska Natives, and Native Hawaiians until 1923; (13) founded in 1879, the Carlisle Indian Industrial School set the precedent for government-funded, off-reservation Indian boarding schools in the United States, where more than 10,000 American Indian and Alaska Native children were enrolled from more than 140 Indian Tribes; (14) Indian boarding schools, and the policies that created, funded, and fueled their existence, were designed to assimilate American Indian, Alaska Native, and Native Hawaiian children into non-Native culture by stripping them of their cultural identities, often through physical, sexual, psychological, industrial, and spiritual abuse and neglect; (15) many of the children who were taken to Indian boarding schools did not survive, and of those who did survive, many never returned to their parents, extended families, and communities; (16) at the Carlisle Indian Industrial School alone, approximately 180 American Indian and Alaska Native children were buried; (17) according to research from the National Native American Boarding School Healing Coalition— (A) while attending Indian boarding schools, American Indian, Alaska Native, and Native Hawaiian children suffered additional physical, sexual, psychological, industrial, and spiritual abuse and neglect as they were sent to non-Native homes and businesses for involuntary and unpaid manual labor work during the summers; (B) many American Indian, Alaska Native, and Native Hawaiian children escaped from Indian boarding schools by running away, and then remained missing or died of illnesses due to harsh living conditions, abuse, or substandard health care provided by the Indian boarding schools; (C) many American Indian, Alaska Native, and Native Hawaiian children died at hospitals neighboring Indian boarding schools, including the Puyallup Indian School that opened in 1860, which was first renamed the Cushman Indian School in 1910 and then the Cushman Hospital in 1918; and (D) many of the American Indian and Alaska Native children who died while attending Indian boarding schools or neighboring hospitals were buried in unmarked graves or off-campus cemeteries; (18) according to independent ground penetrating radar and magnetometry research commissioned by the National Native American Boarding School Healing Coalition, evidence of those unmarked graves and off-campus cemeteries has been found, including— (A) unmarked graves at Chemawa Indian School in Salem, Oregon; and (B) remains of children who were burned in incinerators at Indian boarding schools; (19) according to research from the National Native American Boarding School Healing Coalition, inaccurate, scattered, and missing school records make it difficult for families to locate their loved ones, especially because— (A) less than 38 percent of Indian boarding school records have been located, from only 142 of the at least 367 known Indian boarding schools; and (B) all other records are believed to be held in catalogued and uncatalogued church archives, private collections, or lost or destroyed; (20) parents of the American Indian, Alaska Native, and Native Hawaiian children who were forcibly removed from or coerced into leaving their homes and placed in Indian boarding schools were prohibited from visiting or engaging in correspondence with their children; (21) parental resistance to compliance with the harsh no-contact policy described in paragraph (20) resulted in the parents being incarcerated or losing access to basic human rights, food rations, and clothing; (22) in 2013, post-traumatic stress disorder rates among American Indian and Alaska Native youth were 3-times the general public, the same rates for post-traumatic stress disorder among veterans; (23) in 2014, the White House Report on Native Youth declared a state of emergency due to a suicide epidemic among American Indian and Alaska Native youth; (24) the 2018 Broken Promises Report published by the United States Commission on Civil Rights reported that American Indian and Alaska Native communities continue to experience intergenerational trauma resulting from experiences in Indian boarding schools, which divided cultural family structures, damaged Indigenous identities, and inflicted chronic psychological ramifications on American Indian and Alaska Native children and families; (25) the Centers for Disease Control and Prevention Kaiser Permanente Adverse Childhood Experiences Study shows that adverse or traumatic childhood experiences disrupt brain development, leading to a higher likelihood of negative health outcomes as adults, including heart disease, obesity, diabetes, autoimmune diseases, and early death; (26) American Indians, Alaska Natives, and Native Hawaiians suffer from disproportional rates of each of the diseases described in paragraph (25) compared to the national average; (27) the longstanding intended consequences and ramifications of the treatment of American Indian, Alaska Native, and Native Hawaiian children, families, and communities because of Federal policies and the funding of Indian boarding schools continue to impact Native communities through intergenerational trauma, cycles of violence and abuse, disappearance, health disparities, substance abuse, premature deaths, additional undocumented physical, sexual, psychological, industrial, and spiritual abuse and neglect, and trauma; (28) according to the Child Removal Survey conducted by the National Native American Boarding School Healing Coalition, the First Nations Repatriation Institute, and the University of Minnesota, 75 percent of Indian boarding school survivors who responded to the survey had attempted suicide, and nearly half of respondents to the survey reported being diagnosed with a mental health condition; (29) the continuing lasting implications of the Indian Boarding School Policies and the physical, sexual, psychological, industrial, and spiritual abuse and neglect of American Indian and Alaska Native children and families influenced the present-day operation of Bureau of Indian Education-operated schools; (30) Bureau of Indian Education-operated schools have often failed to meet the many needs of nearly 50,000 American Indian and Alaska Native students across 23 States; (31) in Alaska, where there are no Bureau of Indian Education-funded elementary and secondary schools, the State public education system often fails to meet the needs of Alaska Native students, families, and communities; (32) the assimilation policies imposed on American Indians, Alaska Natives, and Native Hawaiians during the Indian boarding school era have been replicated through other Federal actions and programs, including the Indian Adoption Project in effect from 1958 to 1967, which placed American Indian and Alaska Native children in non-Indian households and institutions for foster care or adoption; (33) the Association on American Indian Affairs reported that the continuation of assimilation policies through Federal American Indian and Alaska Native adoption and foster care programs between 1941 to 1967 separated as many as one-third of American Indian and Alaska Native children from their families in Tribal communities; (34) in some States, greater than 50 percent of foster care children in State adoption systems are American Indian, Alaska Native, or Native Hawaiian children, including in Alaska, where over 60 percent of children in foster care are Alaska Native; (35) the general lack of public awareness, accountability, education, information, and acknowledgment of the ongoing and direct impacts of the Indian Boarding School Policies and related intergenerational trauma persists, signaling the overdue need for an investigative Federal commission to further document and expose assimilation and termination efforts to eradicate the cultures and languages of Indigenous peoples implemented under Indian Boarding School Policies; and (36) in the secretarial memorandum entitled Federal Indian Boarding School Initiative and dated June 22, 2021, Secretary of the Interior Debra Haaland stated the following: The assimilationist policies of the past are contrary to the doctrine of trust responsibility, under which the Federal Government must promote Tribal self-governance and cultural integrity. Nevertheless, the legacy of Indian boarding schools remains, manifesting itself in Indigenous communities through intergenerational trauma, cycles of violence and abuse, disappearance, premature deaths, and other undocumented bodily and mental impacts. . 3. Purposes The purposes of this Act are to establish a Truth and Healing Commission on Indian Boarding School Policies in the United States— (1) to formally investigate and document— (A) the attempted termination of cultures and languages of Indigenous peoples, assimilation practices, and human rights violations that occurred against American Indians, Alaska Natives, and Native Hawaiians through Indian Boarding School Policies in furtherance of the motto to kill the Indian in him and save the man ; and (B) the impacts and ongoing effects of historical and intergenerational trauma in Native communities, including the effects of the attempted cultural, religious, and linguistic termination of American Indians, Alaska Natives, and Native Hawaiians, resulting from Indian Boarding School Policies; (2) to hold culturally respectful and meaningful public hearings for American Indian, Alaska Native, and Native Hawaiian survivors, victims, families, communities, organizations, and Tribal leaders to testify, discuss, and add to the documentation of, the impacts of the physical, psychological, and spiritual violence of Indian boarding schools; (3) to collaborate and exchange information with the Department of the Interior with respect to the review of the Indian Boarding School Policies announced by Secretary of the Interior Debra Haaland in the secretarial memorandum entitled Federal Indian Boarding School Initiative and dated June 22, 2021; and (4) to further develop recommendations for the Federal Government to acknowledge and heal the historical and intergenerational trauma caused by the Indian Boarding School Policies and other cultural and linguistic termination practices carried out by the Federal Government and State and local governments, including recommendations— (A) for resources and assistance that the Federal Government should provide to aid in the healing of the trauma caused by the Indian Boarding School Policies; (B) to establish a nationwide hotline for survivors, family members, or other community members affected by the Indian Boarding School Policies; and (C) to prevent the continued removal of American Indian, Alaska Native, and Native Hawaiian children from their families and Native communities under modern-day assimilation practices carried out by State social service departments, foster care agencies, and adoption services. 4. Definitions In this Act: (1) Advisory committee The term Advisory Committee means the Truth and Healing Advisory Committee established by the Commission under section 5(g). (2) Commission The term Commission means the Truth and Healing Commission on Indian Boarding School Policies in the United States established by section 5(a). (3) Indian Boarding School Policies The term Indian Boarding School Policies means— (A) the assimilation policies and practices of the Federal Government, which began with the enactment of the Act of March 3, 1819 (3 Stat. 516, chapter 85) (commonly known as the Indian Civilization Fund Act of 1819 ), and the peace policy with Tribal nations advanced by President Ulysses Grant in 1868, under which more than 100,000 American Indian and Alaska Native children were forcibly removed from or coerced into leaving their family homes and placed in Bureau of Indian Affairs-operated schools or church-run schools, including at least 367 known Indian boarding schools, at which assimilation and civilization practices were inflicted on those children as part of the assimilation efforts of the Federal Government, which were intended to terminate the cultures and languages of Indigenous peoples in the United States; and (B) the assimilation practices inflicted on Native Hawaiian children in boarding schools following the arrival of Christian missionaries from the United States in Hawai‘i in 1820 who sought to extinguish Hawaiian culture. 5. Truth and Healing Commission on Indian Boarding School Policies in the United States (a) Establishment There is established the Truth and Healing Commission on Indian Boarding School Policies in the United States. (b) Membership (1) In general The Commission shall include 10 members, of whom— (A) 2 shall be appointed by the President; (B) 2 shall be appointed by the President pro tempore of the Senate, on the recommendation of the majority leader of the Senate; (C) 2 shall be appointed by the President pro tempore of the Senate, on the recommendation of the minority leader of the Senate; and (D) 4 shall be appointed by the Speaker of the House of Representatives, of whom not fewer than 2 shall be appointed on the recommendation of the minority leader of the House of Representatives. (2) Requirements for membership To the maximum extent practicable, the President and the Members of Congress shall appoint members of the Commission under paragraph (1) to represent diverse experiences and backgrounds and so as to include Tribal and Native representatives and experts who will provide balanced points of view with regard to the duties of the Commission, including Tribal and Native representatives and experts— (A) from diverse geographic areas; (B) who possess personal experience with, diverse policy experience with, or specific expertise in, Indian boarding school history and the Indian Boarding School Policies; and (C) who possess expertise in truth and healing endeavors that are traditionally and culturally appropriate. (3) Presidential appointment The President shall make appointments to the Commission under this subsection in coordination with the Secretary of the Interior and the Director of the Bureau of Indian Education. (4) Date The appointments of the members of the Commission shall be made not later than 120 days after the date of enactment of this Act. (5) Period of appointment; vacancies; removal (A) Period of appointment A member of the Commission shall be appointed for a term of 5 years. (B) Vacancies A vacancy in the Commission— (i) shall not affect the powers of the Commission; and (ii) shall be filled in the same manner as the original appointment. (C) Removal A quorum of members may remove a member appointed by that President or Member of Congress, respectively, only for neglect of duty or malfeasance in office. (c) Meetings (1) Initial meeting As soon as practicable after the date of enactment of this Act, the Commission shall hold the initial meeting of the Commission and begin operations. (2) Subsequent meetings After the initial meeting of the Commission is held under paragraph (1), the Commission shall meet at the call of the Chairperson. (3) Format of meetings A meeting of the Commission may be conducted in-person, virtually, or via phone. (d) Quorum A majority of the members of the Commission shall constitute a quorum, but a lesser number of members may hold hearings. (e) Chairperson and Vice Chairperson The Commission shall select a Chairperson and Vice Chairperson from among the members of the Commission. (f) Commission personnel matters (1) Compensation of members A member of the Commission who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day (including travel time) during which the member is engaged in the performance of the duties of the Commission. (2) Travel expenses A member of the Commission shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Commission. (g) Truth and Healing Advisory Committee (1) Establishment The Commission shall establish an advisory committee, to be known as the Truth and Healing Advisory Committee . (2) Membership The Advisory Committee shall consist of— (A) 1 representative from each of— (i) the National Native American Boarding School Healing Coalition; (ii) the National Congress of American Indians; (iii) the National Indian Education Association; (iv) the National Indian Child Welfare Association; (v) the Alaska Federation of Natives; and (vi) the Office of Hawaiian Affairs; (B) the Director of the Bureau of Indian Education; (C) the Director of the Office of Indian Education of the Department of Education; (D) the Commissioner of the Administration for Native Americans of the Office of the Administration for Children and Families of the Department of Health and Human Services; and (E) not fewer than— (i) 5 members of different Indian Tribes from diverse geographic areas, to be selected from among nominations submitted by Indian Tribes; (ii) 1 member representing Alaska Natives, to be selected by the Alaska Federation of Natives from nominations submitted by an Alaska Native individual, organization, or village; (iii) 1 member representing Native Hawaiians, to be selected by a process administered by the Office of Hawaiian Affairs; (iv) 2 health care or mental health practitioners, Native healers, counselors, or providers with experience in working with former students, or descendants of former students, of Indian boarding schools, to be selected from among nominations of Tribal chairs or elected Tribal leadership local to the region in which the practitioner, counselor, or provider works, in order to ensure that the Commission considers culturally responsive supports for victims, families, and communities; (v) 3 members of different national American Indian, Alaska Native, or Native Hawaiian organizations, regional American Indian, Alaska Native, or Native Hawaiian organizations, or urban Indian organizations that are focused on, or have relevant expertise studying, the history and systemic and ongoing trauma associated with the Indian Boarding School Policies; (vi) 2 family members of students who attended Indian boarding schools, who shall represent diverse regions of the United States; (vii) 4 alumni who attended a Bureau of Indian Education-operated school, tribally controlled boarding school, State public boarding school, private nonprofit boarding school formerly operated by the Federal Government, parochial boarding school, or Bureau of Indian Education-operated college or university; (viii) 2 current teachers who teach at an Indian boarding school; (ix) 2 students who, as of the date of enactment of this Act, attend an Indian boarding school; (x) 1 representative of the International Indian Treaty Council or the Association on American Indian Affairs; and (xi) 1 trained archivist who has experience working with educational or church records. (3) Duties The Advisory Committee shall— (A) serve as an advisory body to the Commission; and (B) provide to the Commission advice and recommendations, and submit to the Commission materials, documents, testimony, and such other information as the Commission determines to be necessary, to carry out the duties of the Commission under subsection (h). (4) Survivors subcommittee The Advisory Committee shall establish a subcommittee that shall consist of not fewer than 4 former students or survivors who attended an Indian boarding school. (h) Duties of the Commission (1) In general The Commission shall develop recommendations on actions that the Federal Government can take to adequately hold itself accountable for, and redress and heal, the historical and intergenerational trauma inflicted by the Indian Boarding School Policies, including developing recommendations on ways— (A) to protect unmarked graves and accompanying land protections; (B) to support repatriation and identify the Tribal nations from which children were taken; and (C) to stop the continued removal of American Indian, Alaska Native, and Native Hawaiian children from their families and reservations under modern-day assimilation practices. (2) Matters investigated The matters investigated by the Commission under paragraph (1) shall include— (A) the implementation of the Indian Boarding School Policies and practices at— (i) the schools operated by the Bureau of Indian Affairs; and (ii) church-run Indian boarding schools; (B) how the assimilation practices of the Federal Government advanced the attempted cultural, religious, and linguistic termination of American Indians, Alaska Natives, and Native Hawaiians; (C) the impacts and ongoing effects of the Indian Boarding School Policies; (D) the location of American Indian, Alaska Native, and Native Hawaiian children who are still, as of the date of enactment of this Act, buried at Indian boarding schools and off-campus cemeteries, including notifying the Tribal nation from which the children were taken; and (E) church and government records, including records relating to attendance, infirmary, deaths, land, Tribal affiliation, and other correspondence. (3) Additional duties In carrying out paragraph (1), the Commission shall— (A) work to locate and identify unmarked graves at Indian boarding school sites or off-campus cemeteries; (B) locate, document, analyze, and preserve records from schools described in paragraph (2)(A), including any records held at State and local levels; and (C) provide to, and receive from, the Department of the Interior any information that the Commission determines to be relevant— (i) to the work of the Commission; or (ii) to any investigation of the Indian Boarding School Policies being conducted by the Department of the Interior. (4) Testimony The Commission shall take testimony from— (A) survivors of schools described in paragraph (2)(A), in order to identify how the experience of those survivors impacts their lives, so that their stories will be remembered as part of the history of the United States; and (B) American Indian, Alaska Native, and Native Hawaiian individuals, tribes, and organizations directly impacted by assimilation practices supported by the Federal Government, including assimilation practices promoted by— (i) religious groups receiving funding, or working closely with, the Federal Government; (ii) local, State, and territorial school systems; (iii) any other local, State, or territorial government body or agency; and (iv) any other private entities; and (C) those who have access to, or knowledge of, historical events, documents, and items relating to the Indian Boarding School Policies and the impacts of those policies, including— (i) churches; (ii) the Federal Government; (iii) State and local governments; (iv) individuals; and (v) organizations. (5) Reports (A) Initial Report Not later than 3 years after the date of enactment of this Act, the Commission shall make publicly available and submit to the President, the White House Council on Native American Affairs, the Secretary of the Interior, the Secretary of Education, the Secretary of Health and Human Services, the Committee on Indian Affairs of the Senate, the Committee on Natural Resources of the House of Representatives, and the Members of Congress making appointments under subsection (b)(1), an initial report containing— (i) a detailed statement of the findings and conclusions of the Commission; (ii) the recommendations of the Commission for such legislation and administrative actions as the Commission considers appropriate; (iii) the recommendations of the Commission to provide or increase Federal funding to adequately fund— (I) American Indian, Alaska Native, and Native Hawaiian programs for mental health and traditional healing programs; (II) a nationwide hotline for survivors, family members, or other community members affected by the Indian Boarding School Policies; and (III) the development of materials to be offered for possible use in K–12 Native American and United States history curricula to address the history of Indian Boarding School Policies; and (iv) other recommendations of the Commission to identify— (I) possible ways to address historical and intergenerational trauma inflicted on American Indian, Alaska Native, and Native Hawaiian communities by the Indian Boarding School Policies; and (II) ongoing and harmful practices and policies relating to or resulting from the Indian Boarding School Policies that continue in public education systems. (B) Final report Not later than 5 years after the date of enactment of this Act, the Commission shall make available and submit a final report in accordance with the requirements under subparagraph (A) that have been agreed on by the vote of a majority of the members of the Commission. (i) Powers of Commission (1) Hearings and evidence The Commission may, for the purpose of carrying out this section— (A) hold such hearings and sit and act at such times and places, take such testimony, receive such evidence, and administer such oaths, virtually or in-person, as the Commission may determine advisable; and (B) subject to subparagraphs (A) and (B) of paragraph (2), require, by subpoena or otherwise, the attendance and testimony of such witnesses and the production of such books, records, correspondence, memoranda, papers, videos, oral histories, recordings, documents, or any other paper or electronic material, virtually or in-person, as the Commission may determine advisable. (2) Subpoenas (A) In general (i) Issuance of subpoenas Subject to subparagraph (B), the Commission may issue subpoenas requiring the attendance and testimony of witnesses and the production of any evidence relating to any matter that the Commission is empowered to investigate under this section. (ii) Vote Subpoenas shall be issued under clause (i) by agreement between the Chairperson and Vice Chairperson of the Commission, or by the vote of a majority of the members of the Commission. (iii) Attendance of witnesses and production of evidence The attendance of witnesses and the production of evidence may be required from any place within the United States at any designated place of hearing within the United States. (B) Protection of person subject to a subpoena (i) In general When issuing a subpoena under subparagraph (A), the Commission shall— (I) consider the cultural, emotional, and psychological well-being of survivors, family members, and community members affected by the Indian Boarding School Policies; and (II) take reasonable steps to avoid imposing undue burden, including cultural, emotional, and psychological trauma, on a survivor, family member, or community member affected by the Indian Boarding School Policies. (ii) Quashing or modifying a subpoena On a timely motion, the district court of the United States in the judicial district in which compliance with the subpoena is required shall quash or modify a subpoena that subjects a person to undue burden as described in clause (i)(II). (C) Failure to obey a subpoena (i) Order from a district court of the United States If a person does not obey a subpoena issued under subparagraph (A), the Commission is authorized to apply to a district court of the United States for an order requiring that person to appear before the Commission to give testimony, produce evidence, or both, relating to the matter under investigation. (ii) Location An application under clause (i) may be made within the judicial district where the hearing relating to the subpoena is conducted or where the person described in that clause is found, resides, or transacts business. (iii) Penalty Any failure to obey an order of a court described in clause (i) may be punished by the court as a civil contempt. (D) Subject matter jurisdiction The district court of the United States in which an action is brought under subparagraph (C)(i) shall have original jurisdiction over any civil action brought by the Commission to enforce, secure a declaratory judgment concerning the validity of, or prevent a threatened refusal or failure to comply with, the applicable subpoena issued by the Commission. (E) Service of subpoenas The subpoenas of the Commission shall be served in the manner provided for subpoenas issued by a district court of the United States under the Federal Rules of Civil Procedure. (F) Service of process All process of any court to which an application is made under subparagraph (C) may be served in the judicial district in which the person required to be served resides or may be found. (3) Additional personnel and services (A) In general The Chairperson of the Commission may procure additional personnel and services to ensure that the work of the Commission avoids imposing an undue burden, including cultural, emotional, and psychological trauma, on survivors, family members, or other community members affected by the Indian Boarding School Policies. (B) Compensation The Chairperson of the Commission may fix the compensation of personnel procured under subparagraph (A) without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, relating to classification of positions and General Schedule pay rates, except that the rate of pay for such personnel may not exceed the rate payable for level V of the Executive Schedule under section 5316 of that title. (4) Postal services The Commission may use the United States mails in the same manner and under the same conditions as other agencies of the Federal Government. (5) Gifts The Commission may accept, use, and dispose of gifts or donations of services or property relating to the purpose of the Commission (j) Application The Commission shall be subject to the Federal Advisory Committee Act (5 U.S.C. App.). (k) Consultation with Indian Tribes In carrying out the duties of the Commission under subsection (h), the Commission shall consult with Indian Tribes. (l) Collaboration by the Department of the Interior The Department of the Interior shall collaborate and exchange relevant information with the Commission in order for the Commission to effectively carry out the duties of the Commission under subsection (h). (m) Termination of Commission The Commission shall terminate 90 days after the date on which the Commission submits the final report required under subsection (h)(5)(B). (n) Authorization of appropriations There are authorized to be appropriated to the Commission to carry out this section such sums as may be necessary, to remain available until expended.
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II 117th CONGRESS 1st Session S. 2908 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Durbin (for himself, Mr. Blumenthal , Mr. Markey , Ms. Warren , Mr. Casey , Ms. Duckworth , Mrs. Gillibrand , and Mr. Murphy ) 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 require federally licensed firearms importers, manufacturers, and dealers to meet certain requirements with respect to securing their firearms inventory, business records, and business premises.
1. Short title This Act may be cited as the Safety Enhancements for Communities Using Reasonable and Effective Firearm Storage Act or the SECURE Firearm Storage Act . 2. Security requirements for federally licensed firearms importers, manufacturers, and dealers (a) In general Section 923 of title 18, United States Code, is amended by adding at the end the following: (m) Security requirements (1) Relation to provision governing gun shows This subsection shall apply to a licensed importer, licensed manufacturer, or licensed dealer except as provided in subsection (j). (2) Firearm storage (A) In general A person who is a licensed importer, licensed manufacturer, or licensed dealer shall keep and store each firearm in the business inventory of the licensee at the premises covered by the license. (B) Means of storage When the premises covered by the license are not open for business, the licensee shall, with respect to each firearm in the business inventory of the licensee— (i) secure the firearm with a hardened steel rod 1/4 inch thick through the space between the trigger guard, and the frame or receiver, of the firearm, with— (I) the steel rod secured by a hardened steel lock that has a shackle; (II) the lock and shackle protected or shielded from the use of a bolt cutter; and (III) the rod anchored to prevent the removal of the firearm from the premises; or (ii) store the firearm in— (I) a locked fireproof safe; (II) a locked gun cabinet (and if the locked gun cabinet is not steel, each firearm within the cabinet shall be secured with a hardened steel rod 1/4 inch thick, protected or shielded from the use of a bolt cutter and anchored to prevent the removal of the firearm from the premises); or (III) a locked vault. (3) Paper record storage When the premises covered by the license are not open for business, the licensee shall store each paper record of the business inventory and firearm transactions of, and other dispositions of firearms by, the licensee at the premises in a secure location such as a locked fireproof safe or locked vault. (4) Additional security requirements The Attorney General may, by regulation, prescribe such additional security requirements as the Attorney General determines appropriate with respect to the firearms business conducted by a licensed importer, licensed manufacturer, or licensed dealer, such as requirements relating to the use of— (A) alarm and security camera systems; (B) site hardening; (C) measures to secure any electronic record of the business inventory and firearm transactions of, and other dispositions of firearms by, the licensee; and (D) other measures necessary to reduce the risk of theft at the business premises of a licensee. . (b) Penalties Section 924 of title 18, United States Code, is amended by adding at the end the following: (q) Penalties for noncompliance with firearms licensee security requirements (1) In general (A) Penalty With respect to a violation by a licensee of section 923(m) or a regulation issued under that section, the Attorney General, after notice and opportunity for hearing— (i) in the case of the first violation or related series of violations on the same date, shall subject the licensee to a civil penalty in an amount equal to not less than $1,000 and not more than $10,000; (ii) in the case of the second violation or related series of violations on the same date— (I) shall suspend the license issued to the licensee under this chapter until the licensee cures the violation; and (II) may subject the licensee to a civil penalty in an amount provided in clause (i); or (iii) in the case of the third violation or related series of violations on the same date— (I) shall revoke the license issued to the licensee under this chapter; and (II) may subject the licensee to a civil penalty in an amount provided in clause (i). (B) Review An action of the Attorney General under this paragraph may be reviewed only as provided under section 923(f). (2) Administrative remedies The imposition of a civil penalty or suspension or revocation of a license under paragraph (1) shall not preclude any administrative remedy that is otherwise available to the Attorney General. . (c) Application requirement Section 923 of title 18, United States Code, is amended— (1) in subsection (a), in the second sentence, by striking be in such form and contain only that and inserting describe how the applicant plans to comply with subsection (m) and shall be in such form and contain only such other ; and (2) in subsection (d)(1)— (A) in subparagraph (F), by striking and at the end; (B) in subparagraph (G), by striking the period at the end and inserting ; and ; and (C) by adding at the end the following: (H) the Attorney General determines that the description in the application of how the applicant plans to comply with subsection (m) would, if implemented, so comply. . (d) Effective dates (1) Initial firearm storage requirements Section 923(m)(2) of title 18, United States Code, as added by subsection (a), shall take effect on the date that is 1 year after the date of enactment of this Act. (2) Initial paper records storage requirements Section 923(m)(3) of title 18, United States Code, as added by subsection (a), shall take effect on the date that is 90 days after the date of enactment of this Act.
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II 117th CONGRESS 1st Session S. 2909 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Bennet (for himself and Ms. Stabenow ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To amend the Internal Revenue Code of 1986 to provide a manufacturing investment tax credit and a production tax credit for manufacturing facilities that produce onshore wind turbine components.
1. Short title This Act may be cited as the Onshore Wind American Manufacturing Act of 2021 . 2. Onshore wind manufacturing credit (a) In general Subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code is amended by inserting after section 36B the following new section: 36C. Onshore wind manufacturing credit (a) Allowance of credit There shall be allowed as a credit against the tax imposed by this subtitle for any taxable year an amount equal to the sum of— (1) the onshore wind manufacturing investment credit, and (2) the onshore wind manufacturing production credit. (b) Credit amounts For purposes of this section— (1) Manufacturing investment credit (A) In general The onshore wind manufacturing investment credit for any taxable year is an amount equal to 30 percent of the qualified investment for such taxable year. (B) Qualified investment The qualified investment for any taxable year is the basis of any onshore wind manufacturing property placed in service in the United States by the taxpayer during such taxable year. (C) Onshore wind manufacturing property The term onshore wind manufacturing property means property— (i) which is used predominantly to manufacture or process any qualified onshore wind component, (ii) with respect to which depreciation (or amortization in lieu of depreciation) is allowable, and (iii) which— (I) is constructed, reconstructed, retooled, upgraded, expanded, or erected by the taxpayer, or (II) which is acquired by the taxpayer, if the original use of such property commences with the taxpayer. (2) Manufacturing production credit (A) In general The onshore wind manufacturing production credit is an amount equal to the applicable rate with respect to any qualified onshore wind component or related vehicles or specialty equipment which— (i) is produced by the taxpayer at a qualified manufacturing facility, and (ii) during the taxable year— (I) is sold by the taxpayer to— (aa) an unrelated person, or (bb) a related person for the use of such person in their trade or business (with the exception of any trade or business related to resale of such onshore wind component without any subsequent modification, assembly, or integration into a project), or (II) if not sold, is placed in service or operation by the taxpayer or any other person. (B) Applicable rate The applicable rate is— (i) with respect to any qualified onshore wind component, the total rated capacity (expressed in watts) of the completed onshore wind turbine for which the component is designed, multiplied by— (I) in the case of any hub, 2 cents, (II) in the case of any tower, 3 cents, (III) in the case of any blade, 4 cents, and (IV) in the case of any nacelle, 5 cents, and (ii) with respect to any related vehicles or specialty equipment, an amount equal to— (I) 30 percent of the sale price of such vehicles or equipment, in the case of vehicles or equipment used for the transport or installation of advanced onshore wind technology, and (II) 10 percent of the sale price of such vehicles or equipment, in any other case. (C) Qualified manufacturing facility The term qualified manufacturing facility means any new or existing facility— (i) which is located in the United States, and (ii) which manufactures or assembles qualified onshore wind components or related vehicles or specialty equipment. (D) Advanced onshore wind technology The term advanced onshore wind technology means any onshore wind energy production technology whose land-based system components are of a size that cannot be transported on the Interstate Highway System due to the minimum vertical clearances of bridges. (E) Production and sale must be in trade or business Any qualified onshore wind component produced and sold by the taxpayer shall be taken into account under subparagraph (A)(ii)(I) only if the production and sale described in subparagraph (A) is in a trade or business of the taxpayer. (c) Definitions For purposes of this section— (1) Qualified onshore wind component (A) In general The term qualified onshore wind component means any blade, tower, nacelle, or hub which is a component in an onshore wind energy system producing electricity which— (i) is rated at more than 150 kilowatts, or (ii) is certified by an accredited certification agency to meet Standard 9.1–2009 of the American Wind Energy Association or the Small Wind Turbine Standard (SWT–1) of the American Clean Power Association and American National Standards Institute. (B) Definitions (i) Blade The term blade means an airfoil-shaped blade which is responsible for converting onshore wind energy to low speed rotational energy. (ii) Tower The term tower means a tubular steel, composite, concrete, or steel lattice structure which supports an onshore wind turbine. (iii) Nacelle The term nacelle means the assembly of the drive train and other tower-top components of an onshore wind turbine, excluding the blades and hub, within their cover housing. (iv) Hub The term hub means the component which connects the blades to the main shaft of the onshore wind turbine. (2) Related vehicles or specialty equipment The term related vehicles or specialty equipment means any vehicles, aircraft, or related logistical equipment which are purpose-built or retrofitted for purposes of the transport, installation, or maintenance of onshore wind components and onshore wind turbines. (d) Special rules For purposes of this section— (1) Secretary Any reference to the Secretary means the Secretary in consultation with the Secretary of Energy. (2) Labor conditions Any property shall be treated as onshore wind manufacturing property, and any facility shall be treated as a qualified manufacturing facility, only if all laborers and mechanics employed by all contractors and subcontractors in the manufacture of such property or at such facility are paid wages at rates not less than the prevailing rates for work of a similar character in the locality as determined by the Secretary of Labor, in accordance with sections 3141 through 3144, 3146, and 3147 of title 40, United States Code. (3) Certain rules made applicable for investment credit For purposes of the onshore wind manufacturing investment credit determined under subsection (b)(1), rules similar to the rules of subsections (a) and (c) of section 50 shall apply. (4) Coordination with general investment credit No credit shall be allowed under section 48C with respect to any facility taken into account for purposes of the credit under subsection (b)(2), or any facility with respect to which any qualified investment is taken into account for purposes of the credit under subsection (b)(1). The credit under this section shall be allowed without regard to whether any qualified investment (as defined in section 48C(b)) with respect to a facility has been taken into account for purposes of section 48C in any preceding taxable year. (e) Registration (1) In general No credit shall be allowed under this section unless the taxpayer registers with the Secretary, at such time, in such form and manner, and subject to such terms and conditions, as the Secretary may by regulations prescribe. Such registration shall include a demonstration of compliance with the requirements of subsection (d)(2). (2) Registration in event of change in ownership Under regulations prescribed by the Secretary, the taxpayer (other than a corporation the stock of which is regularly traded on an established securities market) shall be required to re-register under this subsection if after a transaction (or series of related transactions) more than 50 percent of ownership interests in, or assets of, the taxpayer are held by persons other than persons (or persons related thereto) who held more than 50 percent of such interests or assets before the transaction (or series of related transactions). (3) Denial, revocation, or suspension of registration Rules similar to the rules of section 4222(c) shall apply to registration under this section. (4) Information reporting The Secretary may require— (A) information reporting by any person registered under this subsection, and (B) information reporting by such other persons as the Secretary deems necessary to carry out this section. (f) Termination (1) Onshore wind manufacturing investment tax credit (A) In general Except as provided in subparagraph (B), in the case of any qualified investment with respect to onshore wind manufacturing property which is placed in service after December 31, 2028, the amount of the credit determined under subsection (b)(1) (without regard to this subsection) shall be reduced by— (i) in the case of property placed in service in calendar year 2029, 30 percent, (ii) in the case of property placed in service in calendar year 2030, 65 percent, and (iii) in the case of property placed in service after December 31, 2030, 100 percent. (B) 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 subparagraph (A). (2) Onshore wind manufacturing production tax credit No credit shall be allowed under subsection (b)(2) in the case of any qualified onshore wind component first sold or placed in service after December 31, 2030. . (b) Clerical amendment The table of sections for subpart C of part IV of subchapter A of chapter 1 of the Internal Revenue Code is amended by inserting after the item relating to section 36B the following new item: Sec. 36C. Onshore wind manufacturing credit. . (c) Conforming amendment Paragraph (2) of section 1324(b) of title 31, United States Code, is amended by inserting , 36C after 36B . (d) Effective date The amendments made by this section shall apply to— (1) any qualified investment (as defined in section 36C(b)(1)(B) of the Internal Revenue Code of 1986, as added by this section) with respect to property placed in service beginning after August 1, 2021, and (2) qualified onshore wind components (as defined in section 36C(c)(1) of such Code, as so added) first sold or placed in service after August 1, 2021.
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117-s-2910
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II 117th CONGRESS 1st Session S. 2910 IN THE SENATE OF THE UNITED STATES September 30, 2021 Ms. Smith (for herself and Mr. Braun ) 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 with respect to the 180-day exclusivity period, and for other purposes.
1. Short title This Act may be cited as the Expanding Access to Low-Cost Generics Act of 2021 . 2. 180-day exclusivity period (a) In general Section 505(j)(5)(B)(iv) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j)(5)(B)(iv) ) is amended— (1) in subclause (I), by inserting before the period at the end the following: or an applicant whose application was approved pursuant to subclause (III). If an applicant described in subclause (III) is eligible for effective approval on the same day a tentatively approved first applicant who has requested final approval is determined by the Secretary to be eligible for effective approval by meeting all the approval requirements of this subsection, such applicant may not receive effective approval until 180 days after the first applicant begins commercial marketing of the drug. ; and (2) by adding at the end the following new subclause: (III) Applicant approval The Secretary may approve an application containing a certification described in paragraph (2)(A)(vii)(IV) that is for a drug for which a first applicant has submitted an application containing such a certification, notwithstanding the eligibility of a first applicant for the 180-day exclusivity period described in subclause (II)(aa), if each of the following conditions is met: (aa) The approval of such application could be made effective, but for the eligibility of a first applicant for 180-day exclusivity under this clause. (bb) At least 30 months have passed since the date of submission of an application for the drug by at least one first applicant. (cc) Approval of an application for the drug submitted by at least one first applicant is not precluded under clause (iii). (dd) No application for the drug submitted by any first applicant is effectively approved on the date that the conditions under items (aa), (bb), and (cc) are all met, regardless of whether such application is subsequently approved. . (b) Applicability The amendments made by subsection (a) shall apply only with respect to an application filed under section 505(j) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 355(j) ) after the date of enactment of this Act that identifies a listed drug for which no certification under paragraph (2)(A)(vii)(IV) of such section was made before such date of enactment.
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117-s-2911
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II 117th CONGRESS 1st Session S. 2911 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Cornyn (for himself, Mr. Manchin , Ms. Collins , and Ms. Rosen ) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To amend the Communications Act of 1934 to provide funding to States for extending broadband service to unserved areas in partnership with broadband service providers, and for other purposes.
1. Short title This Act may be cited as the American Broadband Buildout to Eliminate America’s Digital Divide Act of 2021 . 2. Expansion of broadband access in unserved areas (a) In general The Communications Act of 1934 ( 47 U.S.C. 151 et seq. ) is amended— (1) in title I ( 47 U.S.C. 151 et seq. ), by adding at the end the following: 14. Expansion and adoption of broadband service through State funding (a) Definitions In this section: (1) Broadband funding partner The term broadband funding partner means an eligible entity that receives funding for a project under this section. (2) Broadband service The term broadband service — (A) means a mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service; (B) includes any service that is a functional equivalent of the service described in subparagraph (A); and (C) does not include dial-up internet access service. (3) Eligible entity The term eligible entity means a private provider of broadband service, or a public-private partnership or cooperative (including a subsidiary of a cooperative), that— (A) provides broadband service; and (B) has submitted to the Commission, in addition to any data required to be submitted under section 802, data regarding the service option described in subsection (f)(1)(C) that the entity would offer if the entity were to receive funding under this section. (4) Eligible household The term eligible household has the meaning given the term in section 904(a) of title IX of division N of the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ). (5) High cost area The term high cost area means an unserved area in which the cost of building out broadband service is higher, as compared with the average such cost in the United States (and as determined by the Commission), because of— (A) the remote location of the area; (B) the population density of the area; (C) the unique topography of the area; (D) a high number of eligible households in the area; or (E) any other factor that contributes to the cost of building out that service. (6) Location The term location has the meaning given the term by the Commission under rules and guidance that are in effect, as of the date of enactment of this section. (7) Project The term project means an undertaking by a broadband funding partner under this section to construct and deploy infrastructure for the provision of broadband service. (8) Unserved area The term unserved area means an area— (A) that is of a standard size, as established by the Commission; and (B) as determined in accordance with the maps created under section 802(c)(1), not less than 80 percent of which— (i) has no access to broadband service; or (ii) does not have access to reliable broadband service offered with a download speed of at least 25 megabits per second and an upload speed of at least 3 megabits per second. (b) Program established (1) In general Not later than 100 days after the date of enactment of this section, or the date on which the maps created under section 802(c)(1) are made public, whichever is later, the Commission shall establish a program for States to expand access to broadband service in unserved areas. (2) Relationship to universal service The program established under paragraph (1) shall be separate from any universal service program established under section 254. (3) Technical support and assistance As part of the program established under paragraph (1), the Commission, in collaboration with the Assistant Secretary of Commerce for Communications and Information, shall provide technical support and assistance to States to facilitate the establishment of programs under subsection (c). (c) State program requirements A State seeking funding under the program established under subsection (b) shall create a program that— (1) implements the requirements of this section; (2) does not favor— (A) the use of any particular technology; or (B) any particular eligible entity or class of eligible entities; (3) encourages all eligible entities, including small broadband providers, to participate in the program through streamlined regulatory requirements for all broadband funding partners; (4) takes into account— (A) the size and scope of each unserved area proposed to be served by each project carried out using the funds; (B) the speed of the broadband service provided by eligible entities seeking funding for projects under the program; and (C) the ability of the eligible entities that would receive funding for projects under the program to complete the proposed deployment and provision of broadband service under those projects in the areas served by the projects; (5) may take into account— (A) the speed with which the eligible entities seeking funding for projects under the program can complete the proposed deployment and provision of broadband service to households under those projects, which may include a review of the topographical effects on the areas being served by those projects as a result of the technology to be deployed under those projects; and (B) whether an eligible entity seeking funding for a project under the program has the ability or intention to leverage nearby or adjacent broadband service infrastructure to facilitate the deployment and provision of broadband service proposed under that project; (6) establishes— (A) the size and proportion of the matching funds to be committed by an eligible entity seeking funding for a project under the program, which— (i) may not be provided from any funds derived from government grants, loans, or subsidies; and (ii) may not be less than 25 percent of the amount provided by the State to the eligible entity with respect to the project, except that the State may reduce that threshold, or waive the matching fund requirement under this subparagraph, if— (I) the area proposed to be served by the project is a high cost area; (II) the applicable eligible entity or the State can establish that the reduction or waiver, as applicable, is necessary to ensure the deployment of broadband in the area proposed to be served by the project; and (III) the State gives a preference for other applications submitted by that eligible entity in which the eligible entity does not seek such a reduction or waiver; (B) periodic buildout milestones, reporting requirements, and certification by broadband funding partners; and (C) a maximum buildout timeframe for a broadband funding partner of 4 years, beginning on the date on which funding is provided to the broadband funding partner to undertake a project, except that the State may extend that timeframe if the broadband funding partner establishes that the failure to complete the project within that timeframe is due to— (i) delays by third parties, including governmental entities, in providing necessary permits, approvals, or access to (or construction of) poles; or (ii) a State or federally declared disaster; (7) contains sufficient notice, transparency, accountability, and oversight measures to— (A) provide the public and broadband funding partners with notice of the funding provided under this section; and (B) deter waste, fraud, and abuse of program funds; (8) establishes procedures for the recovery of funds, in whole or in part, from a broadband funding partner if the broadband funding partner— (A) defaults or fails to comply with the buildout requirements established for the project with respect to which the funding relates; and (B) has not received an extension under paragraph (6)(C); (9) establishes procedures for expedited approval for all necessary access to (or construction of) poles, dark or lit fiber, communications towers, State and local rights-of-way permits, or other approvals in the areas of the State served by projects under the program; (10) provides that broadband funding partners are not required to be designated as eligible telecommunications carriers under section 214(e); (11) provides that an eligible entity shall grant access to poles, ducts, conduits, and rights-of-way that the eligible entity owns or controls within the State at rates, terms, and conditions regulated by the Commission under, or the State consistent with, section 224 and the rules of the Commission (unless application of the rules of the Commission would result in higher costs for the applicable item), without regard to whether that section otherwise applies with respect to those items; (12) except as otherwise explicitly provided in this section, does not require, or include consideration of, the imposition of any new or additional regulatory obligations on broadband funding partners beyond those required under applicable Federal law; and (13) maximizes the number of unserved locations proposed to be served by each project carried out using the funds. (d) Distribution of funds to States (1) Commission distributions (A) In general Not later than 200 days after the date of enactment of this section, or the date on which the maps created under section 802(c)(1) are made public, whichever is later, the Commission, under the program established under subsection (b), and in accordance with the requirements of this section, shall, with respect to the amounts made available to carry out this section— (i) reserve 10 percent of those amounts for distributions under subparagraph (B) to States that have established programs under subsection (c); and (ii) of the amounts not reserved under clause (i), make distributions under paragraph (2) to States that have established programs under subsection (c). (B) Distributions for high cost areas The amount of a distribution to a State under this subparagraph shall be calculated as follows: (i) Divide the number of high cost areas in the State by the total number of high cost areas in the United States. (ii) Multiply the quotient obtained under clause (i) by the total amount reserved under subparagraph (A)(i). (2) Amount of distributions for project awards The amount of a distribution to a State under paragraph (1) shall be calculated as follows: (A) Divide the number of locations in unserved areas in the State by the total number of locations in unserved areas in the United States, as determined in accordance with the maps created under section 802(c)(1). (B) Multiply the quotient obtained under subparagraph (A) of this paragraph by the amount described in paragraph (1)(A)(ii). (3) State entitlement With respect to a State that has established a program under subsection (c), the State shall receive a distribution under both of paragraphs (1)(B) and (2) of this subsection. (e) State use of program funds (1) In general Not later than 120 days after the date on which a State receives funds under subsection (d), and subject to paragraph (2), the State shall make awards to eligible entities through the program established by the State under subsection (c). (2) Funds used solely for unserved areas A State to which funds are distributed under subsection (d)— (A) may not— (i) use any portion of those funds for a project in any area that is not an unserved area, except that such a project may deploy infrastructure that traverses a served area in order to provide broadband service to an unserved area; or (ii) use more than 5 percent of those funds to administer the program established by the State under subsection (c); (B) shall— (i) before making any awards described in paragraph (1), consult the maps created under section 802(c)(1), as updated through the resolution of any challenges brought under section 802(b)(5), to create a list of areas within the State that are unserved areas, which the State shall make publicly available; (ii) from the list created under clause (i), remove any area in the State that is the subject of an enforceable commitment by a broadband service provider to provide broadband service to the area with minimum speed commitments described in subclause (III), even if, in any such area, the broadband service is not yet available, provided that the broadband service provider is meeting any applicable build-out deadlines, including with respect to an award disbursed under— (I) the Rural Digital Opportunity Fund Phase I auction provided for in the Report and Order in the matter of Rural Digital Opportunity Fund and Connect America Fund adopted by the Commission on January 30, 2020 (FCC 20–5); (II) subpart D of part 54 of title 47, Code of Federal Regulations, or any successor regulations; (III) any Rural Utilities Service broadband funding program with a minimum speed commitment of 25 megabits per second for downloads and 3 megabits per second for uploads; or (IV) any existing program established by the State with minimum speed commitments described in subclause (III); (iii) establish a streamlined process that allows a broadband service provider, the State, or a unit of local government within the State not less than 30 days after the date on which the list created under clause (i), as updated under clause (ii), is made publicly available to bring a challenge regarding whether an area on that final list is an unserved area; (iv) provide a written notice regarding how each challenge brought under clause (iii) was decided, including the reasons for that decision; (v) update the list created under clause (i), as updated under clause (ii), to reflect the results of challenges brought under clause (iii); (vi) not later than 10 years after the date of enactment of this section, return any unused portion of those funds to the Commission; (vii) not later than 2 years after the date on which the funds are distributed to the State, and biennially thereafter, submit to the Commission a report— (I) regarding how the State spent those funds during the period covered by the report, which shall include a description of each award made with those funds; and (II) that contains a certification that the State has complied with the requirements of this section during the period covered by the report; and (viii) match not less than 25 percent of the amount of those funds, as confirmed by the Commission in a manner determined by the Commission; and (C) to satisfy the requirement under subparagraph (B)(viii), may use any manner of implementation that the State determines appropriate, including by using funds— (i) the source of which is a local government in the State; or (ii) (I) that were provided to the State under— (aa) the Families First Coronavirus Response Act ( Public Law 116–127 ; 134 Stat. 178); (bb) the CARES Act ( Public Law 116–136 ; 134 Stat. 281); (cc) the Consolidated Appropriations Act, 2021 ( Public Law 116–260 ; 134 Stat. 1182); (dd) the American Rescue Plan Act of 2021 ( Public Law 117–2 ; 135 Stat. 4); or (ee) any amendment made by an Act described in any of items (aa) through (dd); and (II) the purpose of which, as described in the applicable provision of law described in subclause (I), is for the deployment of broadband service. (f) Project requirements With respect to a project funded through the program established under subsection (b)— (1) the project shall— (A) adhere to the same quality-of-service standards established by the Commission with respect to the Rural Digital Opportunity Fund set forth in subpart J of part 54 of title 47, Code of Federal Regulations (or any successor regulations); (B) provide reliable broadband service at a speed of not less than 100 megabits per second for downloads and 20 megabits per second for uploads; and (C) offer a low-cost broadband service option for low-income subscribers, as defined by the Commission, with the price and eligibility for the service option determined by the applicable broadband funding partner; and (2) the applicable broadband funding partner, in collaboration with the applicable State, shall carry out public awareness campaigns in service areas that are designed to highlight the value and benefits of broadband service in order to increase the adoption of broadband service by consumers. (g) Promoting broadband deployment Not later than 1 year after the date on which a State receives funding under this section, the State shall publish on a publicly available website of the State a report that analyzes the following: (1) The process by which the State, or any local authority within the State, acts on a new request to access poles, ducts, conduits, or rights-of-way, which shall include an analysis of— (A) the speed with which the State or local authority, as applicable, responds to such a request; and (B) the impact that granting such a request not later than 30 days after the date on which the request is submitted would have on the speed at which broadband service is deployed in the State. (2) The process by which the State, or any local authority within the State, acts on a nonemergency request for authorization to place, construct, or modify facilities with respect to broadband service that are supported through access to poles, ducts, conduits, or rights-of-way, which shall include an analysis of— (A) the speed with which the State or local authority, as applicable, responds to such a request; and (B) the impact that granting such a request not later than 30 days after the date on which the request is submitted would have on the speed at which broadband service is deployed in the State. (3) The impact on the deployment of broadband service within the State of not requiring a permit or other authorization for emergency work performed in the rights-of-way if a broadband facility supported through access to poles, ducts, conduits, dark or lit fiber, or rights-of-way notifies the State, or the applicable local authority within the State, regarding the emergency and the associated work. (4) The impact on the deployment of broadband service within the State of requiring the State, or any instrumentality of the State, whenever the State or instrumentality intends to modify or alter a pole, duct, conduit, dark or lit fiber, or right-of-way, or conduct road work in which there will be open trenches, to provide prior written notification of that action to any broadband service provider, or other entity, that has obtained an attachment to a pole, duct, or conduit, or right-of-way that may be affected, so that the applicable entity may have a reasonable opportunity to add to or modify its existing attachment or facilities. (h) Guidance The Commission may provide guidance to States with respect to service obligations, procedures, reporting requirements, and other requirements in carrying out programs established under this section. (i) Rule of construction Nothing in this section may be construed to permit the Commission to use any data submitted by a provider of broadband service under this section to issue or establish additional regulatory requirements with respect to that provider. ; and (2) in section 802(c) ( 47 U.S.C. 642(c) )— (A) in paragraph (1)(A)— (i) in clause (i), by striking and at the end; (ii) in clause (ii), by adding and after the semicolon at the end; and (iii) by adding at the end the following: (iii) the areas of the United States in which options described in section 14(f)(1)(C) are available; ; (B) in paragraph (5), by striking and at the end; (C) in paragraph (6)— (i) in the matter preceding subparagraph (A), by inserting , including on a publicly available website, after make public ; and (ii) in subparagraph (B), by striking the period at the end and inserting ; and ; and (D) by adding at the end the following: (7) beginning not later than 18 months after the date of enactment of the American Broadband Buildout to Eliminate America’s Digital Divide Act of 2021 , ensure that the publicly available website described in paragraph (6)— (A) allows a consumer to determine, based on financial information entered by the consumer, whether the consumer is eligible— (i) to receive a Federal or State subsidy with respect to broadband internet access service; or (ii) to qualify for a low-income plan with respect to broadband internet access service; and (B) with respect to a consumer who is eligible under clause (i) or (ii) of subparagraph (A), contains information regarding how to apply for the applicable benefit. . (b) Direct appropriation There is appropriated to the Federal Communications Commission, out of any money in the Treasury not otherwise appropriated, $40,000,000,000 for fiscal year 2021 to carry out section 14 of the Communications Act of 1934, as added by subsection (a)(1), which shall remain available through fiscal year 2030.
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117-s-2912
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II 117th CONGRESS 1st Session S. 2912 IN THE SENATE OF THE UNITED STATES September 30, 2021 Mr. Risch introduced the following bill; which was read twice and referred to the Committee on Foreign Relations A BILL To strengthen United States oversight of the Biological Weapons Convention and to advance non-proliferation objectives related to biological weapons, dual-use technologies, and life sciences research, and for other purposes.
1. Short title This Act may be cited as the Biological Weapons Policy Act of 2021 . 2. Definitions In this Act: (1) Appropriate congressional committees The term appropriate congressional committees means— (A) the Committee on Foreign Relations and the Committee on Appropriations of the Senate; and (B) the Committee on Foreign Affairs and the Committee on Appropriations Armed Services of the House of Representatives. (2) Biological Weapons Convention The term Biological Weapons Convention means the Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological and Toxin Weapons and on their Destruction, done at Washington, London, and Moscow, April 10, 1972. (3) Life sciences research The term life sciences research — (A) means research that pertains to living organisms, including microbes, human beings, animals, and plants, and their products, including all disciplines and methodologies of biology such as aerobiology, agricultural science, plant science, animal science, bioinformatics, genomics, proteomics, synthetic biology, environmental science, public health, modeling, engineering of living systems, and all applications of the biological sciences; and (B) is meant to encompass the diverse approaches for understanding life at the level of ecosystems, organisms, organs, tissues, cells, and molecules. 3. Findings Congress makes the following findings: (1) According to the Department of State, promoting global health security is a core tenant of the U.S. biodefense strategy because infectious disease threats, whether naturally occurring, deliberate, or accidental, have the potential to spread globally and affect the American people and interests . (2) Several countries around the world have known or suspected chemical and biological weapons capability or are undertaking research that poses concerns about such nations’ compliance with the Biological Weapons Convention, as documented by the United States Department of State and the United Nations. (3) With respect to the Russian Federation, the Department of State, in its 2021 report on Adherence to and Compliance With Arms Control, Nonproliferation, and Disarmament Agreements and Commitments, assessed that the Russian Federation (Russia) maintains an offensive BW [biological weapons] program and is in violation of its obligation under Articles I and II of the BWC [Biological Weapons Convention] . (4) With respect to the People’s Republic of China, the Department of State, also in its 2021 report on Adherence to and Compliance With Arms Control, Nonproliferation, and Disarmament Agreements and Commitments, assessed that it engaged in activities with dual-use applications, which raise concerns regarding its compliance with Article I of the BWC. In addition, the United States does not have sufficient information to determine whether China eliminated its assessed historical biological warfare (BW) program, as required under Article II of the Convention. (5) The People’s Republic of China’s engagement in biological research that presents dual use concerns, its professed prioritization of biotechnology and synthetic biology in relevant national strategies, and evidence that emerged in the midst of the COVID–19 pandemic of collaboration between ostensibly civilian research laboratories in the People’s Republic of China and the People’s Liberation Army, has highlighted the imperative of the United States to monitor closely and conduct diligent oversight of biological research collaboration with the People’s Republic of China. (6) Another consideration in the imperative for closer oversight is the People’s Republic of China’s prioritization of military-civil fusion, which systematically harnesses all civil and commercial research and technology for potential weapons use. (7) A potential bioweapons attack or accidental leak of biological research, especially biological research that could be militarized, would have devastating human health, economic, and geopolitical consequences. While the origins of COVID–19 remain under investigation, the current pandemic serves as a sobering example of vulnerability and could inspire malign actors. (8) The Department of State, particularly the Under Secretary of State for Arms Control and International Security, is responsible for developing measures to prevent misuse of advances in the life sciences (1 FAM 457.3). These challenges require that the Department of State have the lead role in preventing the proliferation of bioweapons and in strengthening relevant oversight mechanisms to mitigate the potential risk of a deliberate or accidental bioweapons event. 4. Statement of policy It shall be the policy of the United States to— (1) conduct rigorous oversight of public health research and innovation that could be weaponized or serve a dual-use function, and incorporate national security and nonproliferation considerations and country-specific conditions into decisions regarding international biological, bacteriological, virological, and other relevant research collaboration; (2) ensure that United States Government support for public health research and other actions are not inadvertently contributing to the proliferation of biological weapons and dual use technologies in the search for solutions to pressing global health challenges; and (3) declassify, to the maximum extent possible, all intelligence relevant to the People’s Republic of China’s (PRC) compliance or lack of compliance with its obligations under the Biological Weapons Convention (BWC), and other national security concerns regarding PRC life sciences research that falls outside the scope of the BWC. 5. Amendments to Secretary of State authorities (a) Research, development, and other studies Section 301(a) of the Arms Control and Disarmament Act ( 22 U.S.C. 2571(a) ) is amended by inserting biological, virological, after bacteriological . (b) Oversight of dual-Use research Title III of the Arms Control and Disarmament Act ( 22 U.S.C. 2571 et seq. ) is amended by inserting after section 301 ( 22 U.S.C. 2571 ) the following new section: 301A. Authorities with respect to biological dual-use research of concern (a) Oversight of dual-Use research (1) In general The Secretary of State, working through Chiefs of Mission in each country listed in paragraph (2), as applicable, shall lead the conduct and completion of a Country Team Assessment to evaluate and determine whether, for each discrete proposed research project or other collaboration funded or otherwise supported by the United States Government that involves life sciences dual-use research of concern, including research related to biological agents, toxins, and pathogens, aligns with the national interests of the United States. The Country Team Assessment shall be submitted to the Secretary of State and the head of the Federal department or agency sponsoring the proposed research or collaboration. (2) List of countries specified The countries for which a Country Team Assessment, as described in paragraph (1), must be completed are as follows: (A) The People’s Republic of China. (B) The Russian Federation. (C) The Islamic Republic of Iran. (D) The Democratic People’s Republic of Korea. (E) The Syrian Arab Republic. (F) Any other country specified in the report assessing compliance with the Biological Weapons Convention, as required by section 403(a) of the Arms Control and Disarmament Act ( 22 U.S.C. 2593a(a) ) in the relevant calendar year. (b) Report on approvals of collaboration Not later than September 30, 2022, and annually thereafter for a period of three years, the Secretary of State, in consultation with the heads of other relevant Federal departments and agencies as appropriate, shall submit to the appropriate committees of Congress a report describing any research or collaboration described in subsection (a) that was approved and the justification for such approval. (c) Report on efficacy of country team assessment Not later than September 30, 2025, the Secretary of State, in coordination with the heads of other relevant Federal departments and agencies, shall submit to the appropriate committees of Congress a report that includes the following elements: (1) A summary of the work of the relevant country teams over the previous three years. (2) An assessment of whether the country team assessment process described in subsection (a) is effective in advancing relevant national interests of the United States, and any associated recommendations. (3) Any other key findings and recommendations, including for conducting oversight of and improving interagency coordination on the review and monitoring of collaboration with other countries on life sciences research. (d) Definitions In this section: (1) Appropriate committees of Congress the term appropriate committees of Congress means— (A) the Committee on Foreign Relations and the Committee on Health, Education, Labor, and Pensions of the Senate ; and (B) the Committee on Foreign Affairs and the Committee on Energy and Commerce of the House of Representatives . (2) Life sciences dual-use research of concern defined The term life sciences dual-use research of concern means life sciences research that can be reasonably anticipated to provide knowledge, information, products, or technologies that could be directly misapplied to pose a significant threat with broad potential consequences to public health and safety, national security, or agricultural crops and other plants, animals, the environment, or materiel. . (c) Enhancements to the annual compliance report Section 403(a) of the Arms Control and Disarmament Act ( 22 U.S.C. 2593a(a) ) is amended— (1) in paragraph (5)— (A) by inserting or the conduct of life sciences research of dual-use concern (as defined in section 301A), before including— ; and (B) in subparagraph (C), by striking ; and and inserting a semicolon; (2) by redesignating paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following new paragraph: (6) a detailed assessment of the national security and proliferation risk of life science research of dual-use concern conducted by the other nations including— (A) a review of major issues the Department of State is prioritizing with respect to the misuse or potential misuse of life sciences research; (B) a description of all efforts by the Department of State and other relevant departments and agencies to develop and promote measures to prevent misuse or proliferation of advances in the life sciences; (C) an assessment of national level policies, research initiatives, or other relevant efforts focused on increasing the pathogenicity, contagiousness, or transmissibility of viruses or bacteria, including initiatives involving or anticipated to involve enhanced potential pandemic pathogens of other nations, including— (i) the People’s Republic of China; (ii) the Russian Federation; (iii) the Islamic Republic of Iran; (iv) the Democratic People’s Republic of Korea; (v) the Syrian Arab Republic; (vi) any other nation identified in paragraphs (4) and (5); and (vii) any terrorist group or malign non-state actor; (D) an assessment of whether any of the activities described in subparagraph (C) constitute violations of Biological Weapons Convention or pose related national security concerns; (E) a description of collaboration between ostensibly civilian entities, including research laboratories, and military entities on life sciences research; (F) a description of the confidence-building measures or other attempts by the countries described in subparagraph (C) to justify, clarify, or explain the activities described in such subparagraph; (G) an assessment of risks to United States national security and proliferation risks presented by the initiatives described in subparagraph (C); (H) a description of all involvement by the Department of State to review United States Government funding or other support, including subgrants, for life sciences research in other countries that qualifies as dual-use research of concern, including research related to biological agents, toxins, and pathogens; and (I) a description of all participation in any other United States Government and international groups on biosecurity and dual-use research; ; (4) in paragraph (7), as redesignated by paragraph (2) of this subsection, by striking the period at the end and inserting ; and ; and (5) by adding at the end the following new paragraph: (8) a description of any obstacles or challenges to the ability of United States Government to address the requirements specified in this section, including a description of gaps in authorities, intelligence collection and analysis, organizational responsibilities, and resources. . 6. Report on United States funding for life science research in the People’s Republic of China (a) In general Not later than 180 days after the date of the enactment of this Act, the President shall conduct a formal review, and produce a written report, of all United States Government grants or funding awarded in the past ten years for research collaboration with the People’s Republic of China related to life sciences, gain-of-function, synthetic biology, biotechnology, or other research areas that pose potential biological weapons proliferation or dual-use concerns. (b) Elements The review required under subsection (a) shall analyze— (1) all such grants and funding requests that were awarded and a detailed project description, the awardee, the amount awarded, any resulting sub-grants to entities under the jurisdiction of the People’s Republic of China, and the criteria met for granting approval of funding; (2) the exact procedures used to approve or deny such grants or other funding, including coordination, if any, between agencies responsible for public health preparedness and biomedical research, including the Department of Health and Human Services, and national security agencies, including the Department of State; (3) an assessment of any gaps in United States Government procedures and safeguards to prevent any such research intended for civilian purposes from being diverted for military research in the People’s Republic of China; (4) an assessment of how to best address any such gaps in procedures and safeguards, especially regarding greater interagency input from national security agencies, particularly the Department of State; (5) how the research conducted with the grants and funding requests listed pursuant to paragraph (1) may have contributed to the development of biological weapons in the People’s Republic of China; (6) how the United States Government’s understanding of the People’s Republic of China’s military-civil fusion national strategy informed and impacted funding decisions, and how it will inform future funding decisions in research related to gain-of-function, synthetic biology, biotechnology, or other research areas that pose biological weapons proliferation or dual-use concerns; (7) whether any United States Government funding, including subgrants, was used to support gain-of-function research in the People’s Republic of China during the United States moratorium on such research from 2014 to 2017; (8) steps taken the by United States Government, if any, to apply additional scrutiny to United States Government funding, including subgrants, to support gain-of-function research in the People’s Republic of China after the United States Government lifted the moratorium on gain-of-function research in 2017; and (9) any other relevant matter discovered during the course of the review. (c) Report submission Within 15 days of the completion of the report required under subsection (a), the President shall submit the report to— (1) the Committee on Foreign Relations of the Senate ; (2) the Committee on Health, Education, Labor, and Pensions of the Senate ; (3) the Committee on Armed Services of the Senate; (4) the Committee on Foreign Affairs of the House of Representatives ; (5) the Committee on Energy and Commerce of the House of Representatives ; and (6) the Committee on Armed Services of the House of Representatives . (d) Form of report The report shall be unclassified, but may include a classified annex. 7. Government accountability office report on oversight of international life sciences research collaboration (a) In general Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report to the appropriate congressional committees on the following matters: (1) An audit of United States Government authorities, policies, and processes governing cooperation with other nations as relates to life sciences research that could be weaponized or pose dual-use concerns, such as pathogens or toxins, synthetic biology, and related emerging technologies, and the degree to which these authorities, policies, and processes account for national security, proliferation, and country-specific considerations in decisions on whether to pursue such collaboration. (2) An assessment of the degree of coordination between Federal departments and agencies responsible for public health preparedness and the governance of biomedical research and Federal departments and agencies responsible for national security, especially the United States Department of State, to assess and account for security implications of cooperation with other nations on life sciences research. (b) Elements The review required under subsection (a) shall address the following elements: (1) The Federal department or agencies or other governmental entities that provide funding or other material support for life sciences research, especially biological research, with other nations. (2) The authorities, policies, and processes that currently exist for reviewing, approving, and monitoring grant funding or other material support for biological research with other nations, including a description of all the steps involved reviewing, approving, and monitoring such funding or other support. (3) Which Federal departments and agencies, including specific bureaus and offices, are involved in the authorities, policies, and processes described in paragraph (2). (4) The circumstances under which Federal departments and agencies apply enhanced review, monitoring, and coordination to proposed collaboration, as well as an analysis of the extent to which and how national security, proliferation, or country-specific considerations, such as a nation’s adherence to the Biological Weapons Convention, are among the circumstances that trigger enhanced scrutiny of whether the United States Government should fund a particular research program. (5) The information required to be included in an application for United States Government funding of life sciences research to address potential national security, proliferation, or country-specific concerns, and whether the information required varies across departments and agencies. (6) The extent to which Federal departments and agencies with national security responsibilities have visibility into the information described in paragraph (5) prior to an award being made, even if grantees are applying to funding from another Federal department or agency. (7) The processes and timeline by which funds are issued to the awardee or awardees after a grant or other funding award is made, and to what extent these funds are monitored for national security implications thereafter, including how Federal departments and agencies with national security responsibilities are involved in monitoring such research after funds are awarded. (c) Report submission Within 15 days of the completion of the report required under subsection (a), the President shall submit the report to— (1) the Committee on Foreign Relations, the Committee on Health, Education, Labor, and Pensions, and the Committee on Armed Services of the Senate; and (2) the Committee on Foreign Affairs, the Committee on Energy and Commerce, and the Committee on Armed Services of the House of Representatives. (d) Form of report The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 8. Prohibition with respect to certain types of life sciences research No Federal funds may be obligated or expended for the purpose of conducting research that increases the pathogenicity, contagiousness, or transmissibility of viruses or bacteria, including any research anticipated to involve enhanced potential pandemic pathogens, if such research involves a foreign entity that is subject to the jurisdiction of any of the following countries: (1) The People’s Republic of China. (2) The Russian Federation. (3) The Islamic Republic of Iran. (4) The Democratic People’s Republic of Korea. (5) The Syrian Arab Republic. (6) Any other country specified in the report assessing compliance with the Biological Weapons Convention, as required by section 403(a) of the Arms Control and Disarmament Act ( 22 U.S.C. 2593a(a) ) in the relevant calendar year. 9. Biological and Toxin Weapons Review Conference (a) Statement of policy In order to promote international peace, and security, it is the policy of the United States to pursue adherence to the Biological Weapons Convention and accountability for violations thereof, including as described in subsections (b) and (c). (b) Activities in advance of the Ninth Review Conference of the Biological Weapons Convention Before the Ninth Review Conference of the 1972 Convention on the Prohibition of the Development, Production and Stockpiling of Bacteriological (Biological) and Toxin Weapons and on their Destruction (in this subsection referred to as the Conference ), the President shall carry out the following activities: (1) Demand greater transparency from the Government of the People’s Republic of China regarding the dual-use applications of its life science research, which raise concerns regarding its compliance with Article I of the Biological Weapons Convention. (2) Engage with other governments, the private sector (including in relevant life sciences and technology fields), and other stakeholders, as appropriate, on United States concerns about the People’s Republic of China’s compliance with the Biological Weapons Convention, and the national security, public health, and non-proliferation implications of these concerns. (3) Emphasize that the People’s Republic of China’s national strategy of military-civil fusion undermines the underlying utility, purposes, and enforceability of the Biological Weapons Convention, which may not adequately capture the full range of dual-use biotechnologies being pursued by the People’s Republic of China. (c) Security Council complaint If the questions and concerns raised in subsection (b) are not adequately addressed, the President should consider lodging a complaint to the Security Council pursuant to Article VI of the Convention. 10. Annual report by the United States Agency for International Development (a) In general Not later than 180 days after the date of enactment of this Act, and annually thereafter for seven years, the Administrator of the United States International Development shall submit to the appropriate congressional committees a report describing all engagements and funding, including subgrants, for life sciences research involving or related to the study of pathogens, viruses, and toxins provided to entities subject to the jurisdiction of countries listed in subsection (b), to include a national security justification for such engagements and funding. (b) List of countries specified The countries to be covered by the report required in subsection (a) are as follows: (1) The People’s Republic of China. (2) The Russian Federation. (3) The Islamic Republic of Iran. (4) The Democratic People’s Republic of Korea. (5) The Syrian Arab Republic. (6) Any other country specified in the report assessing compliance with the Biological Weapons Convention, as required by section 403(a) of the Arms Control and Disarmament Act ( 22 U.S.C. 2593a(a) ) in the relevant calendar year. (c) Form The report required under subsection (a) shall be submitted in unclassified form, but may include a classified annex. 11. United Nations agencies, programs, and funds (a) Prohibition The Permanent Representative of the United States to the United Nations, in coordination with the United States Representative to the World Health Assembly, shall use the voice, vote, and influence of the United States at the United Nations to bar representatives from countries listed in subsection (b) from serving in leadership positions within any United Nations specialized agency, program, fund, or treaty organization with a nexus to global health (including animal health), biosecurity, atomic, biological or chemical weapons, or food security and agricultural development. (b) List of countries specified The countries to be covered by the report required in subsection (a) are as follows: (1) The People’s Republic of China. (2) The Russian Federation. (3) The Islamic Republic of Iran. (4) The Democratic People’s Republic of Korea. (5) The Syrian Arab Republic. (6) Any other country specified in the report assessing compliance with the Biological Weapons Convention, as required by section 403(a) of the Arms Control and Disarmament Act ( 22 U.S.C. 2593a(a) ) in the relevant calendar year.
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https://www.govinfo.gov/content/pkg/BILLS-117s2912is/xml/BILLS-117s2912is.xml
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117-s-2913
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II 117th CONGRESS 1st Session S. 2913 IN THE SENATE OF THE UNITED STATES September 30, 2021 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 ensure that Write Your Own companies can sell private flood insurance products that compete with National Flood Insurance Program products.
1. Prohibition on non-compete requirement for Write Your Own companies under the National Flood Insurance Program Section 1345 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4081 ) is amended by adding at the end the following: (f) Authority To provide other flood coverage (1) Write Your Own Program defined In this subsection, the term Write Your Own Program means the program under which the Federal Emergency Management Agency enters into a standard arrangement with private property insurance companies to— (A) sell contracts for flood insurance coverage under this title under their own business lines of insurance; and (B) adjust and pay claims arising under the contracts described in subparagraph (A). (2) Prohibition on non-compete clause The Administrator may not, as a condition of participating in the Write Your Own Program or in otherwise participating in the utilization by the Administrator of the facilities and services of insurance companies, insurers, insurance agents and brokers, and insurance adjustment organizations pursuant to the authority in this section, nor as a condition of eligibility to engage in any other activities under the National Flood Insurance Program under this title, restrict any such company, insurer, agent, broker, or organization from offering and selling private flood insurance (as that term is defined in section 102(b) of the Flood Disaster Protection Act of 1973 ( 42 U.S.C. 4012a(b) )). (3) Financial assistance/subsidy arrangement After the date of enactment of this subsection, the Administrator may not include in any agreement entered into with any insurer for participation in the Write Your Own Program any provision establishing a condition prohibited under paragraph (2). .
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https://www.govinfo.gov/content/pkg/BILLS-117s2913is/xml/BILLS-117s2913is.xml
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